AKHLAKH AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr Brijesh Sahai, learned Senior counsel assisted by Mr Bhavya Sahai, learned counsel appearing for the appellant, Mr Manish Goyal, learned Addl. Advocate General for the State assisted by Mr Rupak Chaubey, learned AGA-I, Mr Thakur Azad Singh, learned AGA, Mr Praveen Kumar Pandey, learned counsel for the informant and perused the record.

(2.) This criminal appeal is directed against the judgment and order dtd. 23/8/2023 passed by learned Special Judge, SC/ST Act, Prayagraj in Bail Application No. 4196 of 2023 arising out of Case Crime No. 114/2023, under Ss. 147, 148, 149, 302, 307, 506, 34, 120-B of the Indian Penal Code, Sec. 3 of the Explosive Substances Act, Sec. 7 of the Criminal Law Amendment Act, and Sec. 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Dhoomanganj, District Prayagraj.

(3.) The prosecution story as per the First Information Report dtd. 25/2/2023 are that the complainant's husband, Umesh Pal alias Krishna Kumar Pal, was a prime witness in the MLA Raju Pal murder case. It is alleged that in 2006, her husband, Umesh Pal alias Krishna Kumar Pal, was abducted, beaten, and forced by former MP Atiq Ahmad and his associates to give a statement in his favour in the Raju Pal murder case. It is alleged that Umesh Pal had filed an FIR regarding that incident. Proceedings in that case were taking place on day to day basis as per the orders of the Hon'ble Supreme Court and Hon'ble High Court. Today, i.e. on February 24, 2023, arguments from the side of the accused were to be held in the aforementioned case. For this reason, on February 24, 2023, her husband, Umesh Pal, along with his security guards Sandeep Nishad and Raghavendra Singh, went to the District Court, Allahabad, in their nephew's car bearing number UP 70 FB 5433. It is alleged that as they got out of the car near their home, the son of former MP Atiq Ahmad, along with Guddu Muslim, Ghulam, and nine other associates, launched deadly attack on her husband and guards with a barrage of bullets and bombs with the intent to kill them. The complainant's husband, Umesh Pal, guard Sandeep Nishad, and guard Raghavendra Singh were badly injured by the bullets and bombs. The driver, Pradeep Sharma, who was sitting in the car, narrowly escaped. The complainant saw the incident on the CCTV screen in her room, and she ran screaming towards the lane. The attackers kept firing weapons and exploding bombs as they fled towards the road, threatening people by saying that anyone who came in front of them would be killed. People became frightened and ran here and there. Chaos ensued. The complainant, her family members, and people from the neighborhood helped in taking her husband Umesh Pal, guard Sandeep Nishad, and guard Raghavendra Singh to the hospital. There, her husband Umesh Pal and guard Sandeep Nishad died, and the other guard, Raghavendra Singh, was seriously injured was undergoing treatment, but his condition remained critical. It is alleged that the murder of her husband Umesh Pal and the guards were conspired by former M.P. Atiq Ahmad, his wife Shaista Parveen, and Atiq Ahmad's brother Ashraf, and was carried out through their sons and associates, which also included Atiq's sons, Guddu Muslim, Ghulam, and others. It is alleged that the complainant would be able to identify the other accused upon seeing them. This incident was also witnessed by other family members of the complainant. The incident occurred between approximately 4:45 p.m. to 5:00 p.m. It is further alleged that the complainant would be able to identify the people who shot and bombed her husband Umesh Pal and the guards with the intent to kill them, if they would be brought before her.