MOTI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Anjani Kumar Raghuvanshi, learned counsel for the first informant and Sri Manu Raj Singh, learned A.G.A. for the State and perused the material on record.

(2.) This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Moti, seeking enlargement on bail during trial in connection with Case Crime No. 375 of 2019, under Sections 147, 148, 149, 307, 302 and 506 I.P.C., registered at Police Station Modinagar, District Ghaziabad.

(3.) The prosecution case as unfolded in the First Information Report lodged on 17.04.2019 at about 21:54 hrs at P.S. Modinagar, District Ghaziabad by Vikas son of Bijendra Singh for an incident which took place on 17.04.2019 at about 5.00 p.m. is that labours were sowing the crop of sugar-cane his field and when he was returning from his field in the evening then at about 5.00 p.m. he saw the accused persons namely Akshay and Sunny both sons of Jitendra, Ankit and Moti both sons of Satbir and Bhanu entering in the house of Vicky Tyagi and then he heard the sound of firing from inside the house to which he entered in the house of Vicky Tyagi and saw all the accused person brandishing their weapons, threatening of dire consequences and running away from there. He saw his brother-in-law, Dipendra @ Dippan having received several gun shot injuries and Pratham who was inside the house has also received firearm injury in his leg. The first informant is then said to have taken Dipendra @ Dippan and Pratham to Jeevan Hospital for their medical aid wherein Dipendra @ Dippan was declared dead. It is stated that the accused persons are persons of criminal intent and bad nature and they collectively fired indiscriminately upon Dipendra @ Dippan and murdered him. It is further stated that Ruby and Vinod and various other persons have seen the incident. It is then stated that apart from the named accused persons other persons may also have joined them in the said assault. He then states that he has come to the police station from the hospital for getting the FIR registered. The said application for getting the FIR registered is scribed by one Praveen son of Madan Singh.