SUSHIL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. Anup Ghosh, learned Counsel for the applicants, learned A.G.A. for the State of U.P., Sri. Ashutosh Tripathi, learned Counsel for the complainant and perused the record.

(2.) THIS bail application has been moved by the applicants Sushil, Nirbhay and Rajbir with a prayer that they may be released on bail in Case Crime No. 1215 of 2009 under Sections 147, 148, 149, 302 and 120B, I.P.C. P.S. Loni, district Ghaziabad.

(3.) IT is contended by learned Counsel for the applicants that applicant No. 1 Sushil was elected Pradhan of village Daha in the year 2005 by defeating one Ajit son of Brijendra alias Brijpal. Ajit was a hardened criminal, he was involved in 16 criminal cases, ultimately he was killed in a police encounter. According to F.I.R. the applicants have not caused any injury on the person of the deceased or injured, the only allegation against them is that they hired criminal for committing the alleged offence. The witnesses mentioned in the F.I.R. are highly interested and partisan. There is no independent witness to support the prosecution story. In the present case the copy of the post mortem examination report could not be obtained despite the efforts were made by the Investigating Officer. In this case apart from the witnesses mentioned in the F.I.R. no passenger of the bus have been interrogated on 18.9.2009. A murder was committed regarding which one Rohit Rana of village Daha lodged a report under Sections 147, 148, 149 and 302, I.P.C., it was registered as Case Crime No. 200 of 2006, P.S. Doghat, district Baghpat in which Amit son of Brijendra, Babbal alias Anil (the deceased) and Surendra, the witness of this case were made accused. Its witness was Kamal. On 2.10.2009, Amit had lodged the F.I.R. against applicant Nos. 1 and 2 under Section 302, I.P.C. in Case Crime No. 1357 of 2005. The deceased of this case Anil had lodged the F.I.R. against in Case Crime No. 166 of 2009 under Sections 452, 323, 324, 506, 307 and 120B, I.P.C. at P.S. Doghat on 11.5.2009. In aforesaid cases the applicants No. 1 and 2 were released on bail. The allegation against the applicants is that they have conspired to commit the murder of the deceased Anil while they were in jail, but there is no proof of hiring of the killers. The story cited by the witness Surendra regarding conspiracy is fully dramatic, fictitious and unbelievable. In the present case, the applicants have been falsely implicated on the ground of old enmity.