ANUJ KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) - This application has been filed by the applicant Anuj Kumar Singh with a prayer that he may be released on bail in Case Crime No. 384 of 2005 under Sections 147, 148, 149, 302 and 307, I.P.C. P.S. Sikandra Rau, district Hathras.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Dharam Vir Singh on 18.10.2005 at about 12.15 p.m. in respect of the incident which had occurred on 18.10.2005 at about 11.00 a.m. THE applicant and five other co-accused persons are named in the F.I.R. and two persons were unknown who committed the alleged offence. THE distance of the police station was about 15 km. from the alleged place of occurrence. It is alleged on 18.10.2005 at about 11.00 a.m. the deceased Vyas Kumar first informant and Shiv Kumar were sitting at their hotel, at that time Chhote and Bhure were also sitting there. In the meantime, two boys came on the motorcycle, they place the order for the tea and were having conversation with the deceased. THEreafter one Maruti Car No. 5007 having black coloured glasses came there from the side of Sikandara Rau, which was stopped at the hotel. It was driven by the applicant in which co-accused Avaneet alias Tillu, Arendra, Shilu and Ashok Kumar Yadav were sitting, they came out from the Car having fire arm. At the exhortation of the co-accused Avaneet they discharged shots. THE two unknown miscreants who had already come on motorcycle also discharged the shots consequently, the deceased Vyas Kumar received injuries. THE firing was done towards the first informant also but luckily he could not receive any injury. After committing the alleged offence the applicant and other co-accused persons fled away by their car and motorcycle. THE deceased died instantaneously, after receiving the gun shot injury. According to the Post Mortem Examination Report the deceased had received 10 ante mortem injuries in which injury Nos. 1, 3, 6, 8, 9 and 10 were gun shot wounds of entry, injury Nos. 2, 4 and 7 were gun shot wounds of exits and injury No. 5 was abrasion.

(3.) IN reply to the above contentions made by the learned counsel for the applicant, it is submitted by the learned A.G.A. and the learned counsel for the complainant that in the present case, the applicant is named in the F.I.R. which has been promptly lodged. The deceased has been murdered in broad daylight in the presence of the witnesses. The applicant was properly identified and the prosecution story is fully corroborated by the medical evidence. The plea of alibi shall be considered at the stage of the trial, if it is taken and proved by the applicant. The applicant and other co-accused persons are very influential persons. They successfully managed the INvestigating Officer of S.I.S., Agra, who submitted the final report ignoring the statement of the witnesses, it is a pre-planned murder and the applicant is having criminal antecedent also. He is involved in Case Crime No. 327 of 2004 under Sections 147, 148, 149 and 307, I.P.C. P.S. Kasganj, district Etah and Case Crime No. 414 of 2005 under Sections 147, 149 and 307, I.P.C. P.S. Sikandra Rau district Hathras. IN case he is released on bail, he shall tamper with the evidence.