The aforesaid two connected bail applications have been moved on behalf of the applicants Pintu @ Raju Singh, Dharmendra Singh and Surendra Bahadur Singh involved in Case Crime No. 1703 of 2010 under sections 147, 148, 149, 302 IPC, P.S. Kotwali Khaleelabad, District Sant Kabir Nagar.
Since both the bail applications pertain to the same crime number, as such they are disposed of by a common order.
Heard Sri Rajul Bhargava, learned counsel for the applicants - Pintu @ Raju Singh and Dharmendra Singh, Sri R.C. Yadav and Sri D.P. Singh, learned counsel for the applicant - Surendra Bahadur Singh in the connected bail application, learned A.G.A. for the State and Sri R.P. Srivastava, learned counsel for the complainant.
The incident took place on 15.10.2010 at 7:30 P.M. within the area of village Maniyara, P.S. Khaleelabad, District Sant Kabir Nagar. FIR was lodged on the same day at 8:30 P.M. by Smt. Susheela Singh - bhabhi of the deceased - Ram Shankar Singh.
As per the FIR, the deceased was a candidate for the Election of B.D.C. for the village Dhamaicha and his wife Smt. Premlata Singh was a candidate for Village Pradhan. On 15.10.2010 at 7:30 P.M., the deceased, accompanied by his wife, relatives Dinesh Kumar Singh and Mritunjai Singh, was going by motorcycles from Khaleelabad residence to village Dhamaicha. As soon as they reached near the Maniyara Dhaba, accused Lal Bahadur Singh stopped him by giving a call to talk about the Elections. As soon as the deceased put his motorcycle on stand and reached near accused Lal Bahadur @ Khetahu, Surendra Bahadur, Dharmendra Singh and Pintu @ Raju Singh, accompanied by three unknown persons, started firing indiscriminately at the deceased, who sustained injuries and fell down and the accused persons made good their escape. Ram Shankar Singh was taken to Government Hospital, Khaleelabad, where he was declared dead.
It is submitted by learned counsel for the applicants that the four named and three unnamed persons are alleged to have indiscriminately fired at the victim, who sustained only three firearm wounds of entry, out of which, one has been attributed to co-accused Lal Bahadur. Learned counsel submitted that the remaining two firearm wounds are alleged to have caused by other three named and three unknown persons and it cannot be said as to whose fire hit the deceased. It was further submitted that the deceased was a hardened criminal and had been convicted in Sessions Trial No.388 of 1985 vide judgment dated 17.9.1987 and was sentenced to imprisonment for life under section 302 IPC and had many enemies.
Learned A.G.A. as well as learned counsel for the complainant submitted that the applicants are named in the FIR. Nowhere it has been stated by the witnesses that one injury was caused by Lal Bahadur. On the other hand, all the witnesses, in their statements recorded under section 161 Cr.P.C. in the Court, stated that all the four named accused and unknown persons fired at the deceased. It was further submitted that the trial is in progress and three prosecution witnesses have been examined so far including P.W.1 Susheela Singh, P.W.2 Mritunjai Singh and P.W.3 Premlata Singh and they have fully supported the prosecution case.
The first informant is not an eyewitness, but Premlata Singh (P.W.3), the wife of the deceased as well as Mritunjai Singh (P.W.2) are eyewitnesses of the incident. They have clearly spoken that all the four named accused including the applicants and three unknown persons started firing at the deceased. The prosecution case finds support from the postmortem report wherein three firearm wounds of entry and three firearm wounds of exit were found on the dead body. The applicants are named in the FIR, which is prompt.
Considering all the facts and circumstances, submissions advanced by learned counsel for the parties as well as gravity of the offence, I do not find it fit to release the applicants on bail.
The applications for bail of the accused-applicants are rejected.
Dtd./- : 30th January, 2012.
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