VINOD Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Vinod with a prayer that he may be released on bail in Case Crime No. 33 of 2006 under Sections 147, 148, 149, 307 and 302, I.P.C., P.S, Malawan, district Etah.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged on 6.3.2006 at 12.15 p.m. in respect of the incident which had occurred on 6.3.2006 at about 11.30 a.m. It is alleged that seven or eight persons committed the alleged offence in which the applicant and three other co-accused are named in F.I.R. It is said that the first informant, the deceased Meghraj, the deceased Ram Nath, Tinchu and Smt. Saroj were going in a truck to Delhi to participate in a marriage function. At about 11.30 a.m. one Maruti car came from the back side and by overtaking intercepted the truck, from that Maruti car the applicant and other co-accused Jaleshwar, co-accused Balister, co-accused Vishram came out and three or four miscreants who came from motorcycles on the place of occurrence, they discharged shots indiscriminately consequently deceased Ramnath and deceased Meghraj died instantaneously. THE injured Vinod and Hira Singh received injuries. According to post mortem examination report the deceased Ramnath had received 13 ante mortem injuries in which injury Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 were caused by the firm arm and injury Nos. 11, 12 and 13 were lacerated wounds and the deceased Meghraj had received seven ante mortem injuries in which injury No. 1 to 6 were caused by fire arm and injury No. 7 was abrasion. THE medical examination report of injured Hira Singh shows that he had received three injuries caused by fire arm.

(3.) IN reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that the alleged occurrence has taken place in broad day light, the F.I.R. has been promptly lodged, the alleged offence has been committed on a road after stopping the truck. The offence was committed in a pre-planed manner. The applicant is having criminal background. Co-accused Jaleshwar is still absconding and extending threats to the witnesses. IN the present case two persons have lost life and two persons sustained injuries. The prosecution story is fully corroborated by the medical evidence. IN case, the applicant is released on bail, he shall tamper with evidence.