Ankur Chaudhary vs State of U.P.

Ravindra Singh, J.—Heard Sri B.S. Khokhar, Learned Counsel for the applicant, learned A.G.A. for the State of U.P. This application has been moved by the applicant Ankur Chaudhary with a prayer that he may be released on bail in Case Crime No. 149 of 2011 u/s 302, I.P.C. and Section 3(2) (v) of S.C./S.T. Act P.S. Medical, district Meerut.

The facts in brief of the case are that the F.I.R. has been lodged by Ajai Kumar at P.S. Medical on 8.3.2011 at 9.55 p.m. in respect of the incident which allegedly occurred on 8.3.2011 at 8.30 p.m. to 9.30. p.m. it is alleged that the deceased Dr. Har Pal Singh resident of District Meerut was posted in the District Jail, Meerut prior to 20.2.2011, he was residing in the residence provided by the District Jail, Meerut, he had gone from his residence for evening walk at about 8.30 p.m., somebody came to his house by ringing the door bell and inquired about the deceased, it was replied by the first informant that he had gone for walking after taking the meal then he told that somebody had caused gun shot injury to him and the police had taken him to the Medical College, then the first informant came to the Medical College where he came to know that the deceased has been killed by somebody else. According to the post-mortem examination report the deceased has sustained six ante-mortem injuries, during investigation the name of the applicant came into the light. The applicant applied for bail, before the learned Sessions Judge, Meerut, the same has been rejected on 31.8.2011.

It is contended by Learned Counsel for the applicant that the applicant is not named in the F.I.R. and the first informant is not eye-witness but subsequently in the second statement of the first informant which was recorded on 10.5.2011, the first informant claimed himself to be an eye-witness. The second statement of the first informant is not reliable at all, it has been recorded after two months of the alleged incident. The applicant was arrested by the police on 18.3.2011 and the recovery of the pistol and its cartridges have been planted. It is contended by Learned Counsel for the applicant that the applicant and co-accused Amit Kumar and Ajay Sharma were apprehended by the police on 18.3.2011 in Case Crime No. 146 of 2011 u/s 302, I.P.C. From their possession two pistols and cartridges of 32 bores, one C.M.P. alongwith cartridges, one santro car and D.L.K. were recovered, the recovery was planted by the police, it is not supported by any independent witness. It is alleged that the name of the applicant was disclosed by co-accused after eleven days of the alleged incident. The applicant was having no motive to commit the alleged offence. In fact nobody has seen the alleged incident but at a very belated stage the Investigating Officer has recorded the statement of some witnesses who claimed themselves to be eye-witness. There is no independent witness to support the prosecution story. The applicant was falsely implicated in three cases, he has been acquitted in Case Crime No. 362 of 2010 u/s 307, I.P.C., P.S. Sardhana, district Meerut, in Case Crime No. 363 of 2010 u/s 25, Arms Act, P.S. Sardhana, district Meerut and he has been released on bail in Case Crime No. 325 of 2010, under Sections 302, 120B, I.P.C. The applicant is not involved in any other case. The applicant may be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. that in this case a doctor who was posted in District Jail, Meerut, was transferred to District Hospital, Meerut has been killed by the applicant and other co-accused persons. The applicant was detained in District Jail, Meerut, at that time he was doctor of the district jail where the deceased was insulted by the applicant and others only because he was belonging to the scheduled caste. The applicant is very powerful person having the criminal background. The name of the applicant has been disclosed by the co-accused Amit Pawar on 18.3.2011. The doctor has been killed only because there had been some conversation with the deceased and Gaurav Sirohi. The applicant and other co-accused persons in a pre planned manner came to the jail road at about 8.30 p.m. they were waiting the arrival of the deceased, the doctor came there as on usual evening walk and he was killed by them. From the alleged place of occurrence three empty cartridges were recovered. The alleged occurrence had taken place in city of the Meerut at jail chungi Road in front the house of Raj Pal Singh. It is high profile murder in which persons of the locality were not daring to come forward to say anything against the accused persons. On investigation it was detected that the deceased has been killed by gang of co-accused Gaurav Sirohi. On 18.3.2011 the applicant and two other co-accused persons were apprehended by the police, from their possession three automatic pistols, cartridges, Santro car has been recovered. After their arrest they made the confessional statement before the police, they have been challaned u/s 307, I.P.C. and Section 25/27, Arms Act in Case Crime Nos. 167, 168, 169 and 170 of 2011. During investigation the statement of doctor Ajay Kumar Jain was recorded, he stated that the co-accused Gaurav Sirohi, Amit Pawar and Ajay Sharma were coming for taking medicines from the district jail. On 30.8.2010, the co-accused Gaurav Sirohi and Amit Pawar had come to take medicines, over providing the medicines they abused to Dr. Harpal Singh, they hurdled abuses to the deceased on the caste line also and they had extended the threat that after going out from the jail he would be killed. The district jail authority asked the deceased to register the case against them but the deceased replied that the accused persons were hardened criminal and he did not want to make enmity. The statement of Shamim Ahmad has also been recorded, he forwarded the statement of Dr. Ajai Kumar Jain, thereafter he stated that he saw the accused persons who discharged the shots they were Gaurav Sirohi, Amit Pawar, Ankur Chaudhary and Ajai Sharma, after committing the murder the accused persons fled away towards the jail chungi in a car. Thereafter, the statement of Ajai Kumar was recorded who also claimed himself to be eye-witness, he also disclosed the name of the applicant and other co-accused persons. Gravity of the offence is too much, therefore, the applicant may not be released on bail. Considering the facts, circumstances of the case submissions made by Learned Counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that in the present case a doctor has been killed, the applicant is not named in the F.I.R., his name has come into the light at a belated stage. From his possession one automatic pistol has been recovered. Eye witnesses have also been examined, they have been examined at a belated stage, the applicant is having criminal antecedents, the gravity of the offence is too much and to ensure the fair trial it is not proper to release the applicant on bail. The prayer for bail is refused.

Accordingly, this application is rejected.