SANDEEP KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Satyendra Kumar Mishra, learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) By means of this application the applicants Sandeep Kumar, Sahdev, Ajeet and Lomash have approached this Court to enlarge them on bail in Case Crime No.73 of 2020 under Sections 147, 148, 302 and 307 I.P.C., Police Station-Ramala, District-Baghpat after rejection of their bail application vide order dated 21.12.2020 passed by Sessions Judge, Baghpat.

(3.) Learned counsel for the applicants submitted that applicants were named accused in above referred F.I.R., which was lodged on 04.6.2020, after a period of 3 days as the alleged occurrence took place on 01.6.2020. It was alleged by the father of the deceased that on 01.6.2020 due to an incident occurred a day before on 31.5.2020, all the seven named accused along with 15 to 20 unknown persons, with the object to cause death of his son Sachin and his friends namely Rachit, Nishant and Rajbeer assaulted them with lathi, stick, iron rod and balkatti which caused death of his son Rachit and his friend Sachin, whereas Nishant and Rajbeer ran away. Occurrence was witnessed by Dharmendra and Rajendra. Due to death of his son, informant and his family members were in shock which caused delay in lodging the F.I.R. It was submitted by the learned counsel that there is a cross F.I.R. also which was lodged promptly on 01.6.2020, against 9 named and 1 unknown person of complainant side, wherein a boy named Shekhar died due to fire arm injury. Learned counsel also submitted that actually two of the assailants were caught by mob when they were trying to run away from the place of occurrence and they were beaten until death and a false case was lodged against them of causing death of the said two assailants.