Guddu and Another vs State of U.P.

Ravindra Singh, J.—This application has been moved by the applicants Guddu and Dannkoo with a prayer that they may be released on bail in Case Crime No. 118 of 2005, under Sections 147, 148, 149 and 302/34, I.P.C., P.S. Binawar, district Badaun.

The prosecution story, in brief, is that the F.I.R. of this case has been lodged by Smt. Sairya Bano on 8.4.2005 at 3.15 a.m., in respect of the incident which had occurred on 8.4.2005 at about 1.00 a.m. The F.I.R. has been lodged against the applicants and other co-accused persons alleging therein that in the night of the alleged incident Majid Khan was sleeping on the roof of his house, his wife Smt. Sairya Bano and his daughter Km. Raiysa were sleeping on the floor and his sons Mohd. Navi and Mohd. Hosiyar Khan were sleeping on the ground. At about 1.00 a.m. nine accused by climbing through the stairs came on the roof and the wife of the deceased was caught hold by Sartaj and Jakir and she was held away, the applicants fired at the deceased, thereafter they ran away. The alleged incident was witnessed in the light of lantern. There was enmity between the accused Sartaj and others on the one hand and the deceased and Majid on the other hand. According to the post-mortem examination report, the deceased had received two gun shot wounds of entry, i.e., one on the right scapula and other on the left side back of the chest, blackening and tattooing around the wound were found.

Heard Sri P. N. Mishra, senior Advocate, assisted by Sri Apul Mishra, learned Counsel for the applicants and the learned A.G.A. for the State of U.P.

It is contended by the learned Counsel for the applicants:

(i) That the alleged occurrence has taken place in the dark hours of the night which was the time of sleeping. More or less it was a hit and run affair. The prosecution story is not corroborated by the post-mortem examination report because the injuries were caused from a considerable distance but injuries were having blackening and tattooing. The presence of the witnesses at the alleged place of the incident is highly doubtful and no attempt was made to cause any injury on the person of the alleged witnesses who are wife, daughter and sons of the deceased whereas the accused were nine in numbers ;

(ii) That the applicants are innocent, they have not committed the alleged offence but they have been falsely implicated due to village partybandi. Therefore they may be released on bail.

In reply of the above contentions, it is submitted by the learned A.G.A. that in the present case the F.I.R. has been promptly lodged in the same night within 2.15 hours, the specific role of causing injury has been assigned to the applicants and the deceased had received two gun shot wounds of entry, the injuries were caused on the roof where the deceased was sleeping, the injuries were having blackening and tattooing. The prosecution story is fully corroborated by the medical evidence, the presence of the witnesses at the place of the alleged occurrence was natural because the deceased was murdered at his house and it cannot be a hit and run affair and the applicants are having criminal antecedents. In case they are released on bail, they shall tamper with the evidence. Therefore, they may not be released on bail.

Considering the facts that in the present case the F.I.R. has been promptly lodged in the same night, the role of causing injury by fire arm is assigned to the applicants, it is corroborated by the medical evidence, the applicants were having strong motive to commit the alleged offence and the applicants are having criminal antecedents, the incident was witnessed by the natural witnesses and after considering the other facts, circumstances of the case and submissions made by both the parties and without expressing any opinion on the merits of the case, the applicants are not entitled for bail. Therefore, the prayer for bail is refused.

Accordingly, this application is dismissed.