SURAJ Vs. STATE OF U P

JUDGEMENT

(1.) -This is first bail application moved on behalf of the applicant before this Court in Case Crime No. 363 of 2005, under Sections 147, 148, 149 and 302, I.P.C. Police Station Babri, district Muzaffarnagar.

(2.) BRIEFLY, the prosecution case according to the first information report is that Satya Pal informant alongwith his uncle Jawahar Singh was returning on 18.12.2005 from the tube-well and reached near the field of Karan Singh son of Daleep and saw that Smt Kaushlya (wife of informant) and Smt. Santosh (wife of Jasveer) were coming from village after taking meal at about 10.30 a.m. Same time, accused Ranveer, Manupal, Sooraj, Anuj, armed with tamanchas, and Rajendra, armed with Tabal, came there. On the exhortation of accused Ranveer, Manupal, Sooraj and Anuj made firing with their tamanchas upon Karan Singh, Jasveer and Gajendra. Jasveer was also attacked by Rajendra with tabal (sharp edged weapon). Consequently, Karan Singh, Jasveer and Gajendra had died on spot due to the sustaining firearm injuries. Thereafter, they fled away from there. The first information report was lodged by Satya Pal Singh on 18.12.2005 at 11.30 a.m. against all the five accused persons.

(3.) ON the other hand, it is submitted that this is a case of triple murder in broad day light. It is corroborated with the medical evidence. The applicant has been named in the first information report lodged promptly alongwith other accused. The bail application of co-accused Anuj had already been rejected by this Court vide order dated 18.1.2007 passed in Criminal Misc. Bail Application No. 1221 of 2007.