(1.) This is an application for bail on behalf of the applicant Ziledar Singh involved in case crime No. 484-A/07, under Section 147, 148, 149, 436, 307, 308, 323, 504, 506 & 427, I.P.C., P.S. Auraee, District Sant Ravi Das Nagar.
(2.) It appears from the facts of the case that Awadhesh Kumar Barnwal runs a jewellery shop in Ghosia, P.S. Auraee, District Sant Ravi Das Nagar. The first informant of the case, Sunil Tiwari is the friend of Awadhesh Kumar Barnwal. Since March 2007 Awadhesh Kumar Barnwal and his brother Vipin Kumar Barnwal were receiving telephone calls by which money was being demanded from them. Awadhesh Kumar Barnwal and his brother informed the S.P. Sant Ravi Das Nagar and asked for their protection. S.P. referred the matter to C.O. Gyanpur for necessary action. It was agreed upon between the police officers and Awadhesh Kumar Barnwal that Awadhesh Kumar Barnwal shall fix a day, time and place for the payment of money which was being demanded from him. When the call again came to Awadhesh Kumar Barnwal, he settled the matter and agreed to pay the money on 25.5.07 at 6.30 p.m. Awadhesh Kumar Barnwal was instructed by the caller that he will reach on the canal road to the west of Sevor Road where Ziledar Singh (applicant) will meet him and he will hand over the money to him. After this settlement Awadhesh Kumar Barnwal informed the developments to S.P., Sant Kabir Nagar. S.P. directed him to lodge a regular FIR to the effect that illegal money was being demanded from him and he is going to pay the money. S.P. also told him that C.O., Gyanpur will meet him at P.S. Auraee along with his staff and he will arrest the culprits. On the instructions of S.P., Awadhesh Kumar Barnwal along with first informant, Sunil Tiwari reached at P.S. Auraee where C.O. Gyanpur, Mr. Surendra Tiwari met them. Awadhesh Kumar Barnwal lodged an FIR at crime No. 484/07, under Section 384, IPC at P.S. Auraee. It was agreed there that Awadhesh Kumar Barnwal will go in a maruti van along with a Special Operation Group Personnel and will hand over the bag containing money to Ziledar Singh. Police will come from the other side in plain clothes.
(3.) On 25.5.07 at about 6.30 p.m. Awadhesh Kumar Barnwal reached at the canal road along with S.O.G. Personnel. Applicant came from behind on a motorcycle. He overtook the maruti van and said to Awadhesh Kumar Barnwal to follow him. The S.O.G. Personnel gave a telephone call to the police officials who were in the jeep. Ziledar Singh saw the police personnels and suspected some foul play. He turned his motorcycle on a narrow road. Awadhesh Kumar Barnwal stopped his maruti van. S.O.G. Personnel and the police ran behind the applicant and fired upon him. Immediately then, uncles of Ziledar Singh namely Karamraj Singh, Kishun Tara and Dudh Raj Singh ran for the rescue of Ziledar Singh and started palleting stones upon the police party. The police was taken aback. They withdrew themselves and ran away with the jeep. Awadhesh Kumar Barnwal also accompanied them. Informant was left all alone who was severely beaten by Karam Raj Singh and others. They also set the van on fire. After some time the police, again reached at the spot and removed the informant to District Hospital, Gyanpur from where he was sent to Kabir Chaura Hospital, Varanasi and from there he was referred to B.H.U. Hospital, Varanasi. He regained consciousness on 27.5.07 and then moved an application under Section 156(3), Cr.P.C. on which the case was registered against the applicant and others. A cross case registered at crime No. 485/07, under Section 307, IPC was also lodged by Karam Raj Singh at P.S. Auraee against the informant and others.