NAZIM KHAN Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Nazim Khan with a prayer that he may be released on bail in Case Crime No. 573 of 2006 under Sections 302 and 120B, I.P.C. and Section 7 of the Criminal Law Amendment Act, P.S. Tanda, district Rampur.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by one Mukim Ahmad on 8.7.2006 at 8.30 a.m., in respect of the incident which had occurred on 8.7.2006 at about 7.30 a.m. THE distance of the police station was about 13 kms. from the alleged place of occurrence. THE F.I.R. was lodged against the applicant and 3 other accused persons alleging therein that the first informant was pillion rider of motorcycle of Asgar Ali and the deceased was pillion rider of motorcycle driven by Baboo. Both the motorcycles were going towards village Parvatpur. THE motorcycle of the first informant was lagging behind at a distance of 75-80 yards. At about 7.30 a.m. when the motorcycle of the deceased reached in front the shop of Aquil Mistry, where the applicant and co-accused Asim Khan and Nadir who were realizing the money forcefully from the buses at the bus stand, but two Maruti vans belonging to the deceased were also plying as taxi about 10-15 days prior the alleged incident. THE accused Asim Khan and his brother were illegally demanded a sum of Rs. 40,000 and they were extending threats for dire consequences, in case the aforesaid amount is not paid by the deceased. On account of this enmity the applicant and his real brother came there and the motorcycle of Baboo was stopped by them, thereafter, the applicant and his brother caused injuries on the person of the deceased by using firearm. After receiving the injuries the deceased died instantaneously. After committing the murder the applicant and other co-accused persons fled away from the place of occurrence by showing their country made pistol. Due to this incident a panic was created and the people closed their doors and window. According to the post mortem examination report the deceased received 2 gunshot wounds of entry having blackening and tattooing and 4 abrasions. From the injury No. 2 one wadding cork was also recovered.

(3.) IN reply of the above contention the learned A.G.A. and the learned counsel for the complainant submit that the alleged occurrence had taken place in a broad day light at about 7.30 a.m. Its F.I.R. was lodged within one hour at 8.30 a.m. on the same day. The specific role of causing injuries is assigned to the applicant and co-accused. There was strong motive for the applicant to commit the alleged offence. The prosecution story is corroborated by the medical evidence. The applicant is a powerful person. IN case he is released on bail he shall tamper with the evidence.