AZEEM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Since the First Information Report and the incident are the same in all the four aforesaid bail applications and, therefore, they are being heard and decided by a common order.

(2.) These four applications under Sec. 439 Cr.P.C. have been filed seeking bail in Case Crime No.728 of 2018, under Ss. 147, 148, 149, 307, 302, 504 IPC, Sec. 7 Criminal law Amendment Act and Sec. 27 Arms Act, Police Station Bachhrawan, District Raebareli.

(3.) Facts of the case in brief are that the complainant, father of the deceased, lodged the First Information report on 20/11/2018 at 10.45 AM against accused-applicants and two other unknown persons. As per the allegations in the FIR, the complainant, his sons, Rinku Singh (deceased) and Ritesh Singh, his nephews, Mrityunjay Singh and Rananjay Singh and his cousin, Suresh Singh in the morning of the date of the incident i.e. 20/11/2018 went to Bhaureshwar Temple to have Darshan and Puja etc. After having Darshan in the Temple, when they came out of the Temple and were standing near the flower shop of Ram Chandra Goswami at around 7.45 AM, at that time, named accused, including the accused-applicants, and two unknown persons armed with fire arms came there and Dharmendra Kumar Mishra @ Pappu Mishra exhorted the others to kill the complainant and his other family members. He said that no one should go alive. On this, all the accused started firing on the complainant side. Rinku Singh received fire arm injuries. However, the other persons could save themselves as they could hid under the tables etc. It was also said that the accused fled from the place of occurrence in Ertiga Car of Dharmendra Kumar Mishra @ Pappu Mishra and on motorcycles having number UP32 ZR 9365, UP32 K 7415 and UP33 BA 3251. The information was given on dial 100. Because of the incident, devotees and the shop owners went helter skelter. The deceased, Rinku Singh was taken to the Trauma Center, Lucknow, where he died. After Rinku Singh died, a complaint was given and the FIR was lodged.