ANKUR ALIAS BOBBY Vs. STATE OF U P

JUDGEMENT

(1.) -The applicant Ankur alias Bobby has filed Criminal Misc. Bail Application No. 15114 of 2006 and the applicant Aslam alias Islam has filed Crl. Misc. Bail Application No. 25181 of 2006 with a prayer that they may be released on bail in Case Crime No. 162 of 2005, under Sections 302 and 307, I.P.C. P.S. Hapur Dehat, district Ghaziabad. Both the applicants are accused in the same Case Crime No. 162 of 2005, therefore both the applications are being disposed of by a common order.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Amit Kumar alias Amit Tyagi on 14.10.2005 at 0.45 a.m. in respect of the incident which had occurred on 13.10.2005 at about 11.30 a.m., the distance of the police station was about 6 kms. from the alleged place of the occurrence. In F.I.R. the applicant Ankur alias Bobby, Aslam alias Islam, co-accused Sunder alias Fakir Chandra and Kalu have been named as accused. It is alleged that Smt. Kamla Devi, the mother of the first informant was contesting the election of B.D.C., this election was scheduled on 14.10.2005, one day prior to aforesaid election, i.e., 13.10.2005 at about 11.30 p.m., the first informant, his son deceased Sudeep, his cousin deceased Yogendra alongwith some other persons were making canvassing and coming towards the house of co-accused Sunder, who was recently elected as Pradhan of the village alongwith the applicant and co-accused Kalu met them in the way near the house of one Dilshad, co-accused Sunder and his associates, the applicant was armed with the country made pistol. THEy gave a challenge of teaching a lesson of contesting the election and at the exhortation of the co-accused Sunder, all the four accused persons discharged the shots by their country made pistols, consequently the deceased Sudeep and Yogendra sustained the gun shot injuries, thereafter they fled away from the place of the occurrence. Both deceased in the injured conditions were taken to hospital to provide medical aid, both of them succumbed to their injuries in the way, due to firing done by the accused persons one Poppal also received injuries. Both deceased were taken to the police station where the F.I.R. was lodged. According to the post-mortem examination reports, the deceased Sudeep had received only one gun shot wound of entry having its exit wound and deceased Yogendra had received one firearm wound of entry and the second injury was marked as multiple wounds of tattooing and burn each measuring 2 mm. x 1.2 mm. over the area 30 cm. x 21 cm. surrounding the injury No. 1 more so on right side lower abdomen, no other exit injury was found and one bullet was recovered in the injured Puppal who was medically examined on 14.10.2005 at 1.15 a.m., he had received one lacerated wound 0.5 cm. x 0.5 cm. x depth not probed on the left clavicle inner end. THE injury was kept under observation and advised X-ray.

(3.) IN reply of the above contentions, it is submitted by the learned A.G.A. and learned counsel for the complainant that the applicants and other co-accused persons were having strong motive to commit the murder of the deceased, the F.I.R. has been promptly lodged, the accused persons were known to the first informant and other witnesses, the deceased and injured persons have received gun shot injuries, the affidavit of Vijendra, father of Puppal has no importance at this stage, the applicant Aslam alias Islam is notorious criminal, he was involved in five other criminal case as Case Crime No. 193 of 2003, under Sections 302 and 120B, I.P.C., P.S. Babugarh, district Ghaziabad, Case Crime No. 196 of 2003, under Section 307, I.P.C., P.S. Babugarh, district Ghaziabad, Case Crime No. 198 of 2003, under Section 25 Arms Act, P.S. Babugarh, district Ghaziabad, Case Crime No. 212 of 2003, under Section 2/3 Gangster and Anti-Social Activities (Prevention) Act, P.S. Hapur Dehat, district Ghaziabad and Case Crime No. 163 of 2005, under Section 25 Arms Act, P.S. Hapur Dehat, district Ghaziabad. The applicant was on bail and thereafter misused the bail by committing the present offence. The applicant Ankur alias Bobby is also involved in four criminal cases. IN case the applicants are released on bail, they shall tamper with the evidence, therefore, they may not be released on bail.