YASHPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned final judgment and order dtd. 18/1/2022 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 49828 of 2021, by which, the High Court has directed to release respondent No. 2 - original accused on bail in Case Crime No. 95 of 2021 of Police Station Falavda, District Meerut for the offences punishable under Ss. 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302 and 34 of IPC, original informant - original complainant has preferred the present appeal.

(2.) At the outset, it is required to be noted that respondent No. 2 herein and others were specifically named in the FIR. A land dispute was going on between respondent No. 2 - Mehtab and the complainant side. It was specifically alleged in the FIR which was given by the appellant that the land dispute of a land in possession of informant - Yashpal Singh was pending in the Court against accused Mehtab and Deepak. It was further alleged that on intervening night of 29/30/6/2021 a tractor was driven over standing crops on the disputed land in question by the accused persons with intention to take over possession and all these accused persons were armed with pistols, lathi, iron rod etc. It was further alleged that informant along with his family members and people of village came to the spot and at that time accused persons attacked them with intention to kill, consequent to which Sompal brother of informant died on the spot and Sunder, Naresh, Mohit, Luvkush and Ankush were seriously injured. It was further alleged that accused Vikas @ Pappu fired shot at the deceased and the accused persons fled extending threat of death. During the investigation, the statement of injured eye witness - appellant herein has been recorded and he supported the FIR version.

(3.) We have heard learned counsel appearing on behalf of the respective parties at length.