MAHIPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been filed by the applicant Mahipal Singh with a prayer that he may be released on bail in case crime No. 654 of 2005 under Sections 147, 148, 149, 307, 302, 504, 506, IPC, P. S. Kotwali Nagar, District Bulandshar.

(2.) THE facts in brief of this case are that the FIR has been lodged by Smt. Manju Verma on 5-11-2005 at 6. 30 p. m. in respect of the incident which had occurred on 5-11-2005 at about 2. 30 p. m. , the distance of the police station concerned was about one kilometer from the alleged place of occurrence. Ac cording to prosecution version the applicant and six other co-accused are named in FIR. It is alleged that the applicant, co-accused Gajendra Singh and co-ac cused Indrapal had made a murderous assault on 27-9- 2005 upon the family members of the deceased Mukesh in which one Indrapal had sustained injury, due to which the co-accused Gajendra Singh and his sons were having enmity with the deceased and his family members. On 5-11 -2005 the first informant and her husband Mukesh were sitting at the shop of one goldsmith at about 2. 30 p. m. , the co-accused Gajendra Singh, his sons, co-accused Manoj and Chatrapal armed with knife, co-accused Babloo, co-accused Chatrapal, the applicant and co-accused Sonu Sharma @ Somveer armed with country made pistols and revolver entered into the shop of goldsmith, then the co-accused Gajendra Singh caused knife injury at the chest of the deceased and asked the co-accused Babloo for causing the gun shot injury, at his exhortation the co-accused Babloo, the applicant and co-accused Sonu @ Somveer discharged the shot by country made pistols and revolver which caused the injuries on the husband of the first informant namely Mukesh Verma and Mukesh son of Sri Chandra Kishore. THE injured Mukesh son of Sri Chandra Kishore had also come to the shop to pur chase some article. THEreafter the co-accused Manoj, co-accused Chatrapal caused the knife injuries on the person of the deceased, at the shouting of the first informant and Mukesh son of Sri Chandra Kishore the people came at the place of occurrence but at the pistol point the accused successfully escaped from the place of occurrence. THEreafter the deceased and injured Mukesh son of Sri Chandra Kishore were brought to the district hospital from where they were referred to Yashoda Hospital, Ghaziabad where the operation was done, subse quently the husband of the first informant died at Yoshoda hospital on 6-11-2005. According to the post-mortem examination report the deceased had sustained eight ante-mortem injuries which were stitched. THE applicant applied for bail before learned Special Judge (SC/st Act), Bulandshahr, the same was rejected on 23-2-2006.

(3.) IN reply the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that the alleged occurrence had taken place in a broad day light, specific role of causing the injuries is assigned to the applicant. The applicant was having the strong motive to commit the alleged offence be cause prior the alleged incident the murderous assault was made by the appli cant and other co-accused persons in which one INdrapal and sustained injury. The alleged occurrence has been witnessed by independent witnesses, FIR has been promptly lodged. The bail application of co-accused Gajendra Singh and Chatrapaltiave been rejected by another Bench of this Court by a common order dated 1-2-2007 in Criminal Misc. Bail Application No. 10703 of 2006 connected with Criminal Misc. Bail Application No. 15732 of 2006 and the co-accused Sonu @ Somveer whose case is based on the same footing with the case of the appli cant has been rejected by another Bench of this Court on 11-12-2007 in Criminal Misc. Bail Application No. 9947 of 2007 and the trial is in progress, in case the applicant is released on bail, he shall tamper with evidence.