CHHUNNU @ CHHIDDA Vs. STATE OF U P

JUDGEMENT

(1.) This bail application has been filed by the applicant Chhunnu @ Chhidda with a prayer that he may be released on bail in case crime No. 347 of 2007 under sections 147, 148, 149, 307, 302 IPC, P.S. Asmoli, District Moradabad. The applicant Chhunnu @ Chhidda has already moved the Crl. Misc. Bail Application No. 4167 of 2008, the same was allowed and the applicant was released on bail by this court vide order dated 10.3.2008. The order dated 10.3.2008 granting the bail to the applicant has been challenged by the first informant (complainant) Mashroor in the Hon'ble Supreme Court of India by way of filing Criminal Appeal No. 838 of 2009 arising out of Special Leave Petition (Crl.) No. 3572 of 2008, the same was allowed and the impugned order dated 10.3.2008 granting the bail to the applicant was set aside on 27.4.2009 and bail bonds and sureties furnished by the applicant in terms of the High Court's order stand cancelled and it was directed that applicant shall be taken into custody forthwith. In compliance of the above mentioned order dated 27.4.2009 the applicant has surrendered before the court concerned on 21.5.2009 thereafter the present bail application has been moved for granting the bail to the applicant.

(2.) The facts in brief of this case that that FIR has been lodged by Mashroor on 18.9.2007 at 9.25 P.M. at P.S. Asmoli in respect of the alleged incident dated 18.9.2007 occurred at about 3.00 P.M. The applicant and 21 persons have been named in the FIR. It is alleged that on 18.9.2007 the first informant had gone to purchase some goods from the shop of Anjaar where one Basiruddin @ Lala also came to buy some fruits. On shopkeeper Anjaar's refusal to sell goods to him on credit Basiruddin hurled abuses and started beating to him, on which the first informant intervened, then Basiruddin @ Lala being annoyed left the place by extending a challenged. After a short while he came back accompanied by 21 other persons including the applicant, all of them were armed with gun and country made pistol, due to fear, the applicant rushed to the house of his brother Kayyum. All the said 22 persons attacked the house of Kayyum. On hearing the noise the residents of the house and many other residents of he village collected at the spot and challenged the accused persons then the said accused persons started firing indiscriminately, consequently nine persons sustained injuries in which the injured Raees Ahmad and Mohd. Rijwan were very serious. The injured persons were removed to the hospital for medical examination. Two injured namely Anjaar Hussain and Rijwan @ Bhoorey later on succumbed to their injuries . The deceased Rijwan died on 19.9.2007 and the deceased Anjaar Hussain has died on 30.9.2007.

(3.) On the very same day the cross FIR in case crime No. 347-A of 2007 under section 147, 148, 149, 307, 452, 504 IPC was lodged at P.S. Asmoli on 18.9.2007 at 6.40 P.M. by the said Basiruddin @ Lala against 25 persons. Inter alia, alleging that he went to the shop of Anjar to buy some vegetables, he told Anjaar that he was selling the vegetable on very high rate, it was not proper on which Anjaar and Shahros who were standing there started abusing to him when it was protested by the Basiruddin, he was beaten by them with kicks and fists, on some villagers intervened and passify the matter. Basiruddin then came back to his home but after some time many people including Shahros and Anjaar and Kayyum came to his house and started firing indiscriminately with intention to kill him, consequently Arman Jahan, Intezar, Mohd. Navi, Smt. Akhtari and Basiruddin @ Lala sustained injuries. After investigation of the present case the chargesheet has been submitted against 22 persons including the applicant.