JUDGMENT Vinod Prasad, J.
1. The applicant Lukman has filed this bail application in case crime No. 397 of 2005 under Sections 147, 148, 302, 149, 506/34 IPC P.S. Alapur, District Badaun.
2. The prosecution allegation as is perceptible from the FIR is that on 5.8.02 when the informant Jafar Khan along with his father Jafar Ali Khan(deceased), brother of Haider Ali Khalid were returning by a car to their village Kakrala from Alapur where they had gone with some work, then near the Power House the present applicant Lukman Khan, Shahanwaj Khan, Rustam Khan all real brothers and Nazbul Khan son of Lukman (applicant) Amzad Khan (son of Rustam co
- accused) and the brother -in-law of the present applicant, Rabbani Khan armed with illegal arms stopped their car and asked the father of the informant to get down for a chat. No sooner did he got down from the car all the accused persons fired at him, as a result of which he sustained injuries and fell down. The informant and his brother raised the call on which the accused persons made their escape good. This incident is alleged to have been taken place at about 7.30 PM. on 5.8.2005 The informant had very well identified the assailants in the light of the car. The postmortem report of the deceased was conducted at 6.8.2005 at 7.30 P.M. which indicates that the body of the deceased was ridden with bullet injuries and the cause of death was shown to be shock and of Hemorrhage as a result of ante mortem injuries.
3. I have heard Sri P.N. Misra, learned Senior Advocate on the bail prayer of the applicant and learned AGA as well as Sri P.C. Srivastava learned Counsel for the informant. Sri P.N. Misra, Senior Advocate submitted that the incident did not take place at 7.30 P.M. as alleged by the prosecution but the same had taken place subsequently and the prosecution case is absolutely false. In his submissions, he has invited the attention of the court on the statement of S.I. Virasat Ali, annexure-8, who stated that on the date of the incident (5.8.2005) Jamshed, Dilshad fought with Akbar Ali in village Utraulia. The deceased Jafar Ali had accompanied aforesaid Jamshed, Dilshad to the police station at 8.05 P.M. and the FIR of Jamshed and Dilshad was registered as NCR No. 105 of 2005 under Sections 323 and 504 IPC and the injured were sent to the hospital after preparation of chithi Majrubi. He further stated that the aforesaid two injured persons has left the police station in the Marshal Jeep of deceased Jabar Ali Khan. Learned Senior counsel also invited attention of the court on the statement of Dilshad who had also stated that his report was registered at the behest of Jafar Ali Khan (deceased). Learned Senior counsel further contended that the applicant had sustained a bullet injury in his brain and CT scan was done where the bullet was found to be embedded in his brain. He further argued that the applicant is slightly paralytic and is unable to move. He has invited the attention of the court on annexure-6 to the bail application which is medical report from Dinkar Nidan and Anusandhan Kendra. The learned Senior counsel further contended that the applicant is a handicapped persons aged about 60 years. The learned Senior counsel further contended that the body of the deceased was found inside the house of the informant and that police papers specially Form-13 does not mention any time at all which shows that the same was manufactured and the FIR was not in existence and in fact nobody knew the time of incident.
4. Learned AGA as well as counsel for the informant Sri P.C. Srivastava contended that in this case the FIR has been lodged with promptness within 1 hour of the incident. The postmortem report fully supports the prosecution version and that the applicant is one of the named co accused in FIR. They further submitted that the local police was in close relation with the accused and had made endeavour to demolish the prosecution case by adopting illegal designs. They further contended that the applicant had got criminal history and he is an accused in case crime No. 332 of 1996 under Section 307 IPC. Crime No. 181/99, under Section 8/18 N.D.P.S. Act and he was earlier an accused in crime No. 115-A of 1990 under Sections 147, 148, 149, 302 and 504 IPC and second time also in crime under Section 302 IPC. They further submitted that earlier also the applicant was an accused for an offence under Section 302 IPC but subsequently, he was acquitted by the trial court on 31.7.1979.
5. I have considered the submissions raised by both the parties in detail. Looking to the criminal history of the applicant and part played by him in commission of the crime, I do not find any reason to grant him bail. The prayer for bail is rejected.