Iqbal Khan and Another vs State of U.P.

Ravindra Singh, J.—This is second bail application filed by the applicants Ikbal Khan and Shaukat Khan with a prayer that they may be released on bail in Case Crime No. 346 of 2006, under Sections 147, 48, 149, 364, 303 and 201 I.P.C. P.S. Jahanabad District Pilibhit.

The Criminal Misc. First Bail Application No. 24606 of 2006 which was not pressed by the learned Counsel for the applicant consequently it was disposed of as not pressed.

The prosecution story in brief are that the F.I.R. of this case has been lodged by Mohd. Sher Khan on 1442006 at 0.10 a.m. in respect of the incident, which had occurred in the night of 1242006 at about 12.00 O''clock, the distance of the police station was about 6 km. from the alleged place of occurrence. It is alleged that in the night of 1242006 the applicant Ali Sher Khan alongwith his son Salim Khan had gone to their Susral Katiya for sleeping purpose due to fear of the applicant. At about 12 O'' clock in the night the applicant Ikbal Khan, co accused Abrar Khan, coaccused Zakir Khan and others came at the door where the deceased was sleeping and pushed the door consequently, the door opened. They entered into the house at that time they were having guns. They enquired about the deceased Ali Sher Khan and he was caught hold by them and he was taken out from that house because he did not cast his vote in favour of the applicant Ikbal Khan. Thereafter, the deadbody of the deceased was recovered.

According to the postmortem examination report, the deceased had received six antemortem injuries caused by hard and blunt object. During investigation it has come in evidence that the deadbody of the deceased was taken on a gypsy car, the same was chased by cycles leaving deadbody the accused persons ran away.

Heard Sri A.N. Srivastava, learned Counsel for the applicants and the learned A.G.A.

It is contended by the learned Counsel for the applicants that the prosecution story is false, concocted and highly improbable. The story of chasing the gypsy vehicle by the cycle is highly improbable. There is no direct eyewitness account. The deceased has not received any injury caused by the firearm all the injuries were caused by hard and blunt object. The injuries were two days old. The applicants and other coaccused persons were not having any motive to commit the murder of the deceased. He would have been immediately murdered and there was no need to take him out from the village. The only evidence of last seen is against the applicants. The applicants are innocent. They have been falsely implicated only due to ill will of the first informant.

In reply to the above contentions, it is submitted by the learned A.G.A. that it is a case which shows the highhandedness of the applicants and other coaccused persons. They forcibly entered into the house where the deceased was sleeping. The deceased was forcibly taken away from the village. Thereafter he was murdered in a brutal manner by causing injuries on his person even the injuries on his scrotum was found. The direct role of taking away the deceased is shown to the applicants subsequently, his deadbody was found and the applicants and others coaccused persons were chased by cycle when they were taking away the dead body of the deceased on a gypsy car. The applicants are having criminal antecedents. In case they are released on bail, they shall tamper with the evidence. Against the applicant Ikbal Khan about 12 cases were registered. In case they are released on bail they shall tamper with the evidence.

Considering the facts, circumstances of the case, gravity of the offence, submissions made by the learned Counsel for the applicants and the learned A.G.A. and without expressing any opinion on the merits of the case, the applicants are not entitled for bail. Therefore, their prayer for bail is refused.

Accordingly this application is rejected.

Bail application rejected.