RISHIPAL @ RISHIPAL SINGH SOLANKI Vs. AMARDEEP

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment and order dated 23 November 2020 of a Single Judge of the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No 30360 of 2020, by which the first and second respondents were granted bail. The appellant, who is the original informant, challenges the grant of bail.

(3.) A First Information Report, being FIR No 116 of 2020, was registered at Police Station Singhwali Ahir in the District of Baghpat on 5 May 2020 at 4.35 pm. The FIR which was lodged by the appellant states that at 4 pm on the date of the incident, he had parked his tractor trolley on a public road. Soon thereafter, it is alleged that one Manbeer, son of Nain Singh, came there and directed the appellant to remove his tractor trolley from the road. After the appellant told Manbeer that he would do so after the arrival of another tractor trolley, Manbeer is alleged to have gone back to the village. Thereafter, when the appellant and the members of his family were going to the sugarcane field for collecting sugarcane on their bullock cart, Manbeer came to the location together with fourteen persons, including the first and second respondents. It has been stated that the persons who returned with Manbeer were armed with farsas, lathis and cane knives, and attacked the informant and the members of his family. Further, it has been specifically noted that the first respondent was carrying a country-made pistol (katta). As a result of the incident, it has been alleged that seven members of the family of the informant sustained grievous injuries. The father of the informant was declared dead at 4.55 pm, while his uncle died on 9 May 2020 due to the grievous injuries sustained in the incident. Though, initially the FIR was registered, inter alia, under the provisions of Section 307 of the Indian Penal Code, 1860[1], as a result of the two homicidal deaths, the investigation took place with reference, inter alia, to the provisions of Sections 147, 148, 149, 323 and 302 of the Penal Code and a charge-sheet has, accordingly, been submitted by the police after investigation on 22 July 2020.