GUFRAN AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) These two bail applications have been filed relating to the same case crime no. 34 of 2005 under sections 147, 148, 149, 302, 307, 506 and 120-B IPC and section 7 of the Criminal Law Amendment Act, police station Dhoomanganj, district Allahabad, hence are being disposed of by this common order.

(2.) Heard Mr. Satish Trivedi, learned senior counsel for the applicant Gufran Ahmad and Mr. Ravindra Sharma for the applicant Muslim @ Guddu, Mr. Mewa Lal Shukla, learned AGA for the State and perused the record.

(3.) According to the allegations made in the FIR on 25.1.2005 at about 3.00 PM, the complainant's husband Raju Pal (an MLA) and his associates Devi Lal Pall and Sandeep Yadav were killed by seven-eight persons. Three persons, namely, Om Prakash, Saifulla and Smt. Rukhsana sustained gun shot injuries. It is alleged in the FIR that Mr. Atiq Ahmad, the then Member of Parliament, belonging to the Samajwadi Party, managed the murder of the complainant's husband with the help of 7-8 persons including his brother Ashraf, who had contested an election against the complainant's husband. The police investigated the matter and submitted charge sheet against Atiq Ahmad, his brother Ashraf and other persons, against whom the trial continued and as many as fourteen witnesses were examined but none of them supported the prosecution story. In the meantime Bahujan Samajwadi Party came in power in the State, consequently a further investigation, was directed to be held by CB CID, and the CB CID, after investigation submitted a supplementary charge sheet against the applicants and other accused.