Siraj Kafil alias Raja vs State of U.P.

Ravindra Singh, J.—This application has been filed by the applicant Siraj Kafil alias Raja with a prayer that he may be released on bail in Case Crime No. 144 of 2006 u/s 307, I.P.C. P. S. Rasoolpur District Firozabad.

The F.I.R. of this case has been lodged by Sri S. M. Riyaz Ali at P. S. Rasoolpur on 14.6.2006 at 12.20 p.m. in respect of the incident which had occurred on 9.6.2006 at about 10.00 p.m., the distance of the police station was about 11/2 km, from the alleged place of occurrence.

The facts of the case in brief are that the injured Musarraf Ali was going to his house after closing the godown, he met with the applicant and two other co-accused persons near Husaini Chowk at about 8.00 p.m. on 9.6.2006, all the accused persons were armed with the country made pistol. The applicant demanded the money as extortion, the injured said that its complaint shall be made to his father and tried to escape from the alleged place of occurrence, it was exhorted by all the accused persons, thereafter the applicant caused gun shot injury on his chest, the alleged incident was witnessed by Haji Mauazzam Ali, S. M. Muzaffar Ali, Rahmat Salim alias Salman who came at the place of occurrence also. Thereafter the first informant and his family members gave information. The injured was brought to the District Hospital, Firozabad from where he was referred to Agra for proper treatment, its information was given by one Salman son of the first informant to S.P., Firozabad through fax, the F.I.R. of this case has been lodged after getting his complete information from the injured when he became conscious.

According to the medical examination report the injured has sustained lacerated wounds, 1.5 cm. ? 5 cm. depth not proved due to surgical reason on left lateral aspect of lower chest cum abdomen, injured was kept under observation, the general condition of the patient was very poor, in x-ray report elongated radio opaque shadow metallic piece in abdomen was found. The applicant applied for bail before the learned Sessions Judge, Firozabad who rejected the same on 23.5.2007, being aggrieved from the order dated 23.5.2008, the present bail application has been filed by the applicant.

Heard Sri I. M. Khan, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Tej Pal and Sri Sukhendu Pal Singh, learned Counsel for the complainant.

It is contended by the learned Counsel for the applicant:

That the alleged incident has taken place in a dark hour of night at about 10.00 p.m., the F.I.R. is too much delayed about five days without having any plausible explanation.

That during investigation the Investigating Officer recorded the statement of the witnesses, according to the statement of witness S. M. Muzaffar Ali, he also reached at the alleged place of occurrence, some quarrel has taken place and somebody has discharged shots, which hit the injured. He did not saw the applicant when he was firing, but according to the statement of Iliyas the firing had taken place from both sides, but the shot discharged by the applicant hit the injured, the same statement was given by the witness Khursheed, Ashiq Ali and Firoz Ahmad but the Investigating Officer made enquiry that he was told by some person that the shot discharged from the country made pistol which was kept by the injured himself and they have not seen the applicant causing injury on the person of the injured. Thereafter, the Investigating Officer converted the offence u/s 324, I.P.C. and the applicant was released on bail by the Officer In-charge of the Police Station concerned. The applicant has not misused the liberty of bail granted by the Officer In-charge of the Police Station concerned.

That there is a cross version of the alleged incident, the cross F.I.R. has been lodged by Qazi Kafiluddin against the injured and three other persons on 18.6.2006 at 10.30 p.m. in respect of the incident which had occurred on 9.6.2006 at about 8.30 p.m. alleging therein that the injuries were caused on the person of Mohd. Adnan, who was medically examined on 10.6.2006 at 10.40 p.m. at District Hospital, Firozabad. According to the medical examination report he had sustained four injuries in which injury No. 1 was lacerated wound 1.5 ? .5 cm. scalp deep on left side of head, injury No. 2 was lacerated wound on left side, injury Nos. 3 and 4 was abraded contusion on left right knees. Injuries were kept under observation and advised for x-ray, consequently it was found that it was caused by gun shot, the prosecution has not come with clean hands, no explanation of the injury of the injured Mohd. Adnan was given. The applicant was having no motive or invention to commit the alleged offence, the applicant is a peace loving person, he may be released on bail.

In reply to the above contention, it is submitted by the learned A.G.A. and the learned Counsel for the complainant that according to the F.I.R. the applicant is the main accused, he caused gun shot injury on the chest with abdomen in which bullet was embedded, the injury was dangerous to life as it had damaged the internal organ of the body. The treatment of the injured was done in District Hospital, Firozabad from where he was referred to S. N. Medical College, Agra from where he was advised for advance treatment and was brought to Sriram Hospital, Agra in a precarious condition. The major operation of exploratory laparotomy was performed. The statement of Dr. Naresh Chandra Gupta of S. N. Medical College was recorded on 5.2.2007 u/s 161, Cr. P.C. who stated that the condition of the injured was serious. The statement of Dr. Anil Misra was recorded on the same day, who stated that if the operation was not conducted so soon, death of the injured would have occurred because there was possibility of spreading septic. He stated that abdominal cavity was filled with blood and faecal matter, both the intestines were cut at three places, the injured is still under treatment. In the present case due to some political pressure Investigating Officer was not doing proper investigation, investigation was transferred to P. S. Ramgarh from P.S. Rasoolpur, thereafter, the charge-sheet was submitted, the applicant was avoiding his arrest, he surrendered after issuing N.B.W. u/s 82-83, Cr. P.C., he had filed application before this Court u/s 482, Cr. P.C. against the submission of the charge-sheet before the Court concerned but the prayer for quashing the charge-sheet was refused and he was directed to appear before the Court concerned within 30 days on 14.3.2008 in Criminal Misc. Application No. 4422 of 2008. Despite this order he did not surrender within one month but he surrendered on 21.5.2008 when coercive step was taken. So far as the cross version is concerned, according to the cross version also, the time of both the incident is different, place of occurrence is also different, the cross F.I.R. is too much delayed. It was lodged on 10.6.2008 in which charge-sheet has been submitted u/s 323, Cr. P.C. The applicant and other co-accused persons have successfully tampered the evidence and they are extending threat to witnesses. In case the applicant is released on bail, he shall tamper with the evidence, therefore, he may not be released on bail.

Considering the facts and circumstances of the case and submissions made by the learned Counsel for the applicant, learned A.G.A. and the learned Counsel for the complainant and considering the nature of the injury caused by the applicant which was dangerous to life, the applicant is not entitled for bail. The prayer for bail is refused.

Accordingly this application is rejected.