STATE OF U P Vs. NEPAL SINGH

JUDGEMENT

(1.) THIS case was initiated upon a show cause notice issued in Criminal Misc. Bail Application NO. 5756 of 2001, Mohan Lal Vs. State of U.P., by this Court against the contemner Nepal Singh son of Ram Charan.

(2.) BRIEF facts, arising out of this case, are that Chhotey Lal son of Jawahar Lal lodged an F.I.R. on 13.2.1998 at 11.25 A.M., at Police Station Bisharatganj, district Bareilly wherein it was stated that his younger brother Net Ram had kept the wife of Har Prasad, who was murdered by his brother Mohan Lal one year ago of the present occurrence. Therefore, due to keeping the wife of Har Prasad, Mohan Lal harboured ill-will. On 12.12.1998, at about 7.30 P.M.,. Mohan Lal accused reached near Net Ram, who was warning under a tree at his house along with companion, his nephew Prem Pal and others. Mohan Lal and his companion surrounded Net Ram who stood and run away towards his house where Mohan Lal fired two shots upon Net Ram in his court-yard and his companions attacked him with sword. Net Ram consequently died on the spot. Whereafter Smt. Surajmukhi, wife of Net Ram deceased, was taken towards the jungle of the village. Thereafter the case under sections 302/366IPC was registered against the accused.

(3.) LATER on the bail application of Nanhey son of Lakhan was allowed by the Sessions Judge granting bail to him. Thereafter bail application was moved by Mohan Lal in the sessions court Bareilly on the ground of parity but the same was rejected by the Sessions Judge, Bareilly finding no case of parity. Thereafter bail application of Mohan Lal was moved before this Court wherein all the facts are mentioned in the bail application. Copy of the F.I.R. was also annexed and the affidavit was sworn by contemner Nepal Singh by filing his affidavit. At the time of hearing the argument in the bail application in this Court, learned A.G.A. has pointed out that the copy of F.I.R. (annexure-1) filed on behalf of accused in support of the bail application is fabricated and incomplete copy of the F.I.R.. There is no clear averment that Mohan Lal accused made two fires in the court-yard of the house of deceased which portion of the F.I.R. has been left out deliberately in the copy of F.I.R. (annexure-1). Thereafter the following order was passed by this Court after rejecting the bail application of Mohan Lal accused:-