AJWAR Vs. WASEEM

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals are directed against four different orders passed by the learned Single Judges of the High Court of Judicature at Allahabad on applications moved by Waseem (accused No. 7)[1], Nazim (accused No. 8)[2], Aslam (accused No. 2)[3] and Abubakar (accused No.1)[4] under Sec. 439 Code of Criminal Procedure, 1973[5] for seeking regular bail in respect of Case Crime No.126 of 2020 registered at Police Station Mundali, District Meerut, Uttar Pradesh for offences punishable under Ss. 147, 148, 149, 302, 307, 352 and 504 read with Sec. 34 of Indian Penal Code, 1860[6]. Vide orders dtd. 7/12/2022, 13/2/2023 and 2/3/2023 and 21/3/2023 respectively, the applications filed by Waseem, Nazim, Aslam and Abubakar were allowed by different Benches of the High Court. Aggrieved by the said orders, the appellant-Complainant has approached this Court.

(3.) The relevant facts of the case, as recorded in a First Information Report[7] registered on the complaint received from the appellant - complainant herein on 19/5/2020, are that the incident in question had taken place on 19/5/2020 at 7.30 in the evening when the appellant-complainant, his two sons, Abdul Khaliq and Abdul Majid with some other persons were sitting in the baithak of his house for breaking the fast (Roza Iftar) and preparing to offer prayers. The accused persons (10 in number, namely, Nazim, Abubakar, Waseem, Aslam, Gayyur, Nadeem, Hamid, Akram, Qadir and Danish) arrived at the spot and indiscriminately fired at the appellant and his two sons. Both the sons of the appellant died on the spot and his nephew, Asjad was seriously injured. The appellant-complainant has alleged that there was previous enmity between the parties due to which the accused persons had attacked him and his sons.