BHOLA ALIAS KARUNESH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J This application has been filed by the applicant Bhola alias Karunesh and Ramesh Chand with a prayer that they may be released on bail in case crime No. 211 of 2005 under Sections 147, 148, 149, 307, 302 I. P. C. P. S. Bharthana District Etawah.

(2.) THE prosecution story, in brief, is that an F. I. R. of this case has been lodged by Chandra Prakash alias Kallu at P. S. Bharthana on 23-9-2005 at 10. 00 a. m. in respect of the incident which had occurred on 23- 9-2005 at about 6. 30 a. m. THE F. I. R. has been lodged against the applicants and co-accused Satyendra alias Pappu, Bhoora alias Varunesh and Khem Singh. It is alleged that the applicant and co-accused Satyendra alias Pappu and Kham Chand armed with 12 bore gun and co-accused Bhoora alias Varunesh armed with 312 bore rifle came at the house of the first informant and asked to file a compromise in the murder case of Pappu in which they were sent to jail but it was replied by the first informant and other co-accused persons in negative, then the applicants and other accused persons discharged the shot towards the first informant and his other family members consequently Km. Sheela sister of the first informant and Ram Prakash alias Titu, brother of the first informant received injuries, Km Sheela died on the spot. THE injured Ram Prakash alias Titu became seriously injured. THEreafter an F. I. R. was lodged but subsequently injured Ram Prakash alias Titu also died.

(3.) IT is opposed by the learned A. G. A. and the learned Counsel for the complainant by submitting: (1) That the brother of the first informant was already murdered and there was strong motive to commit the alleged offence because the accused were pressurizing to the first informant and other to file the compromise. In the present case the F. I. R. was promptly lodged and there is no delay in lodging the F. I. R. The first informant and others are the eye-witness. The alleged occurrence had taken place at the house of the first informant. In the present case two persons have lost their lives, but the deceased Km. Sheela had received fire-arm injury who died on the spot The deceased Ram Prakash had received injuries and after receiving injuries his condition became serious. He was taken to district hospital to Etawah then to Medical College, Gwalior from there he was referred to G. G. Medical Institute Agra where he was admitted on 26-9-2004 that from the contents of large intestine no inference can be drawn about the time of commission of the alleged offence. Both the deceased have received fire-arm injuries. IT cannot be said that the deceased had received injuries cause by rifle and not by gun. (2) That the family member of the applicants have committed murder of Pappu on 25-3-2004 at 7. 00 p. m. its F. I. R. was lodged on 25-3-2004 at 9. 30 p. m. against Bhola alias Karunesh and others. (3) That there was strong motive to the applicants to commit the murder of the deceased. The presence of the witness at the place of occurrence was natural. IT is further contended that in case the applicants are released on bail they will not permit any witness to give evidence and they may commit the murder of the first informant also. Therefore, the applicant may not be released on bail.