GYANENDRA ALIAS BHULLAN Vs. STATE OF U P

JUDGEMENT

(1.) These above three bail applications have been moved on behalf of applicants Gyanendra @ Bhullan, Jagjeet and Munna in one Case Crime No. 146-A/2006, under sections 147, 148, 149, 302, IPC, P.S. Khakhareru, District Fatehpur and, as such, they are being decided together by a common order passed in C.M.B.A. No. 5206/07.

(2.) Heard learned. Counsel for the applicants and learned A.G.A. and learned Counsel for complainant as well as perused the record. It is contended by learned Counsel for the applicants Munna and Jagjeet that both are not the main assailants for committing murder of deceased persons. The role of main assailant has been shown against other co-accused persons. Learned Counsel for the applicant Gyanendra alias Bhullan contended that the FIR has been lodged with a delay of 10 days. The role of present applicants has been shown to cause fire arm injury on the person of Ram Narain but no any fire arm injury was found on the dead body of deceased. There is no role of the present applicants to commit murder of another deceased Budda and Bachchi Lal who were allegedly murdered by co-accused Nasim, Nazim and Shakil. It is further contended that the statement of Smt. Sumitra, wife of deceased Ram Narain reveals that Shakil committed murder of her husband with his rifle.

(3.) On the other hand it is submitted hat the applicant Gyanendra alias Bhullan who is Pradhan of the village and effective person. Three persons were shot dead. However, the police did not lodge the FIR of the informant. Thereafter the application was moved to S.P., Fatehpur and upon his direction, the case was registered, wherein the present applicant Gyanendra alias Bhullan as well as other applicants Munna and Jagjeet are also named in the FIR. It is further contended that the applicant Gyanendra alias Bhullan who is Pradhan, is also main accused in the alleged occurrence. He was in collusion with the police. Therefore, the F.I.R. was not lodged. It is further contended that a cross case has been concocted with the help of police. Therefore, all the applicants were members of unlawful assembly and in prosecution, common object of such assembly, all the three deceased were murdered by them.