MASSI Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been filed by the applicant Massi with a prayer that he may be released on bail in case crime No. 714 of 2006 under sections 147, 148, 149, 504, 307, 302 IPC, P. S. Titavi, district Muzaffarnagar.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Shoeb on 30. 11. 2006 at 5. 15 P. M. in respect of the incident which had occurred on 30. 11. 2006 at about 4. 00 P. M. , the distance of the police station was about nine and half kilometers from the alleged place of occurrence. THE applicant and five other co-accused are named in the FIR. It is alleged that on 30. 11. 2006 at about 4. 00 P. M. when the first informant and other persons were going to Muzaffarnagar on a motorcycle, they met with the applicant and other co-accused persons who were standing on the canal road having two motorcycles. On account of old enmity the co-accused Badre Alam asked the deceased to stop the motorcycle and hurled abuses, thereafter the applicant, co-accused Badre Alam, co-accused Asad and co-accused Ajbar discharged the shots indiscriminately towards the deceased by their country made pistols, consequently the deceased fell down after sustaining the injuries. THE accused persons also discharged the shots towards the first informant and other witnesses but they saved their lives by escaping from the place of occurrence. After committing the murder, the accused persons left the place of occurrence on their motorcycles. According to post mortem examination report the deceased had sustained 11 ante mortem injuries, in which injuries No. 1, 2, 3, 4, 5, 9 and 11 were gun shot wounds of entry and rest of the injuries were incised wounds. THE applicant applied for bail before the learned In-charged Sessions Judge, Muzaffarnagar who rejected the same on 5. 11. 2007, being aggrieved from the order dated 5. 11. 2007 the applicant has moved the present bail application.

(3.) IN reply of the above contention, it is submitted by learned A. G. A. that in the present case the FIR has been lodged within one hour and fifteen minutes covering the distance of nine and half kilometers. The active role of firing has been assigned to the applicant also and the deceased has sustained gun shot injuries. The applicant was having the motive to commit the alleged offence. The prosecution story is fully corroborated by the post mortem examination report. The presence of the first informant and other witnesses at the alleged place is not doubtful. IN case, the applicant is released on bail he shall tamper with evidence, therefore, he may not be released on bail.