JUDGMENT Ravindra Singh, J.
1. This application has been filed by the applicant Hans Raj with a prayer that he may be released on bail in case crime No. 345 of 2004 under Sections 147, 148, 149, 307, 302, 323, 325, 504 and 506 I.P.C. and Section 3(2) 5 and 3(1) S.C./S.T.(PA) Act P.S. Kurawali district Mainpuri.
2. The prosecution story in brief is that in the present case F.I.R. was lodged by Ram Das at P.S. Kurawali on 10.9.2004 at 10.15 a.m. in respect of the incident which had occurred on 10.9.2004 at about 8.45 a.m.. The distance of the police station was about 14 k.m. from the alleged place of occurrence. The F.I.R. was lodged against the applicant and several other c-accused persons, According to the F.I.R. the first informant belongs to Dhanuk Caste, some of the persons of his village belonging to his caste were doing the work of dayee but nobody in the family of the first informant was doing the said work. Due to this reason the applicant and other accused persons organized a meeting in the morning and conveyed a decision that in I case the first informant and his family members do not do the work of dayee, they will not be permitted to live in that village. The first informant and other refused to do the work of dyee, thereafter, the applicant and others co-accused persons armed with lathi and danda and country made pistol attacked the house of the first informant and the applicant Hans Raj caused gun shot injury on the person of Smt. Savitri Devi, wife of the first informant, who after receiving the injury died on the spot. Thereafter he discharged second shot towards Ghoore Lal but the same shot hit Km. Naghma. Thereafter the accused persons caused injuries on the person of Ghoore Lal Ram Das, Yad Ram, am Snehi, Chhotey Lal, Smt. Meera and Smt. Vidya Devi, Suman and Smt. Subarni by using lathi, dand and butt of the country made pistol. The injured persons were medically examined.
3. Heard Sri Chaudhary Subhash Kumar and Sri Manoj Srivastava, learned Counsel for the applicants and the learned A.G.A.
4. It is contended by the learned Counsel for the applicant that in the present case there was no motive or intention for the applicant to commit the alleged Hence and the applicant has been falsely implicated due to village parti bandi. In respect of the same incident another F.I.R. was lodged on 12.9.2004 by Gopi Khan under Section 304 I.P.C. against Ram Bilas, and Ram Bete, according to that F.I.R. at about 9 a.m. on 10.9.2004 Ram Bilas and Ram Bete discharged shots consequently one Km. Naghma received injuries She was taken to the hospital where she died. It is contended that the alleged occurrence has taken place in some other manner but the applicant and other co-accused persons have been falsely implicated.
5. It is opposed by the learned A.G.A. by submitting that according to the prosecution version the applicant is the main accused. There is specific allegation against him that he caused gun shot injury on the deceased the first informant and the second shot discharged by him hit the deceased Km. Naghma. The alleged occurrence had taken place in the broad daylight, the F.I.R. was promptly lodged. There was no delay in lodging the F.I.R. The second F.I.R. lodged by Gofi Khan is after thought.
6. It is further submitted that the applicant is a criminal. He has been convicted in a case of murder for live imprisonment. He is not entitled for bail.
7. Considering the facts and circumstance of the case and the submission made by the learned Counsel for the applicant and the learned A.G.A., and considering the fact that the applicant is the main accused who caused injury on the person of the two deceased by fire arm and he is a previous convict, without expressing any opinion about the merit o the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.
8. Accordingly, this application is rejected.