RANGA Vs. STATE OF U.P.

JUDGEMENT

(1.) BY means of this application under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), prayer for bail has been made on behalf of the applicant-accused Ranga s/o late Sri Krishna Yadav, in case crime No. 1543 of 2008, under sections 147, 148, 149, 307, 302, 34 and 120-B IPC and Section 7 Criminal Law Amendment Act of P.S. Kavi Nagar, District Ghaziabad.

(2.) AN FIR (Annexure-1) was lodged by Malkhan Singh s/o Atar Singh at P.S. Kavi Nagar, Ghaziabad on 29.11.2008 at 3.10 p.m. The allegations made in the FIR, in brief, are that after attending Sagai ceremony in village Sadarpur on 29.11.2008, Satish and Dharmendra (both deceased) and Hariom (injured) were coming in Inova car No. U.P.14 Y-7000. They were being followed by the complainant Malkhan Singh, his cousin brothers Sundar, Santosh and Gyanendra by another vehicle No. UP. 14 AH- 3132. When at about 1.30 p.m., the vehicles reached on the road outside the village, the accused Ashok Yadav, Rakesh Yadav, Shobha Ram, Rukam Kesh and Yogesh all sons of Jai Prakash Yadav, Vishal and Ranga both sons of Krishna Yadav, Harsh @ Bosh s/o Shobha Ram, Ajay and Amit Yadav sons of Mahendra Yadav came out from their vehicles having weapons in their hands and they started indiscriminate firing on the Inova vehicle. Thereafter, accused persons fled away in their vehicles making fires in the air. When the complainant Malkhan Singh and his companions reached near Inova vehicle, they saw that Satish and Dharmendra had died and Hari Om was seriously injured.

(3.) THE first and foremost submission made by learned counsel for the applicant was that the incident of committing the murder of Satish and Dharmendra and causing injuries to Hariom is said to have occurred at about 1.30 p.m. on 29.11.2008 in Ghaziabad district, whereas the applicant Ranga was sent to jail on that date by the police of P.S. Sarai Khwaja, Faridabad (Hariyana) in connection with an offence punishable under section 61/1/14 Punjab Excise Act relating to case crime No. 489 of 2008 and hence on this ground alone, the applicant deserves bail. For this submission, my attention was drawn towards the papers, which have been filed as annexure (12) with the bail application. The contention of the learned counsel for the applicant was that there was election of Legislative Assembly in Delhi on 29.11.2008 and to serve wine to the voters to cast votes to their candidate, the applicant Ranga along with Rukam Kesh and Yogesh Kumar had purchased 24 bottles of English wine from Faridabad (Hariyana), where the wine shops were opened and when they were coming to Delhi by Alto Car No. U.P. 16 S/6453 carrying the wine, they were apprehended by the police of P.S. Saraikhwaja, Faridabad on 28.11.2008 and their wine bottles and vehicle were seized and a case under section 61/1/14 Punjab Excise Act was registered against them on 28.11.2008 at 10.05 p.m. at P.S. Saraikhwaja, Faridabad, where they were locked in the lock-up and on 29.11.2009 they were sent to the court of Judicial Magistrate Faridabad, who remanded them to judicial custody, in which they remained till 02.12.2008 and were released on being bailed out vide order dated 02.12.2008, passed by Smt. Sashi Bala Chauhan (S.B. Chauhan) Judicial Magistrate -1st class, Faridabad. For this submission, my attention was drawn towards the papers which have been filed with rejoinder affidavit dated 08.12.2009.