ABRAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS first bail application has been filed on behalf of applicant Abrar involved in Case Crime No. 88 of 2006, under Sections 452, 302 and 307, I.P.C., P.S. Bhawanpur, District Meerut.

(2.) HEARD learned counsel for the applicant and learned A.G.A. and Sri S. Shahnawaz, learned counsel for opposite party.

(3.) ON the other hand learned A.G.A. and learned counsel for complainant submitted that this is the case of direct evidence, wherein one person was shot dead and one person sustained fire arm injury which is grievous according to medical report. The F.I.R. has been lodged promptly against the present applicant. It is supported with the post-mortem report of the deceased and injury report of injured. It is further contended that accused applicant is very influential person and under his influence and political pressure, local police is in favour of accused persons. Instead of arresting the accused persons, local police tried to arrest injured Haroon and other persons. Thereafter, Haroon injured and others approached this Court and moved the writ petition for getting their arrest stayed and this Court had stayed their arrest looking to the peculiar facts. Thereafter, this Court has transferred the case to C.B.C.I.D. for proper investigation. It is further contended that on the date, on which order for transferring the investigation to C.B.C.I.D. was to take place, on that very day, the police submitted charge-sheet against the applicant and others. Thereafter, this Court had stayed effect and operation of charge-sheet and directed the C.B.C.I.D. to investigate the matter and the C.B.C.I.D. conducted the investigation and ultimately submitted the charge-sheet against the real accused persons named in the F.I.R. It is further contended that accused persons evaded their arrest for long and the C.B.C.I.D. declared a reward of Rs. 2,500 each on the three persons namely Abrar, Ikram and Babu and the remain absconding for about six months. It is further contended that the accused persons are the hardened criminals and the bully of the locality and are having such influence that they virtually succeeded in implicating the injured and other persons as accused and if this Court would not have directed the investigation by the C.B.C.I.D., then the injured and other persons would have been behind the bar.