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Lalla Gujar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 6963 of 2005  RD-AH 331 (5 January 2006)
Court No. 19
Crl. Misc. Bail Application No. 6963 of 2005
Lalla Gujar.....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
A counter-affidavit has been filed today. Let it be taken on record.
Heard learned counsel for the applicant, Sri Gaurav Kakkar, the learned private counsel for the complainant and also the learned A.G.A.
The applicant is involved in case crime No. 264 of 1999, for the offences under Sections 147, 148, 149, 307, 302 IPC, and 27 Arms Act, Police Station Fatehabad District Agra.
It is alleged that in the intervening night of 14/15.8.1999 Kallo Devi ( deceased ) was sleeping infront of tube-well. One Yashpal Singh (nephew of the deceased) was also sleeping on a separate cot near her. An Electric bulb was lighting there. At about 2 a.m. accused persons ( 11 in number ) armed with fire arms and Pharsa etc. came there and started abusing due to enmity of village Pradhan election. Yahpal Singh concealed himself in a field due to fear. All of hem stared making fire. After hearing the noise of firing the complainant and other villagers reached on the spot with torches and guns in their hands and challenged the assailants. Kallo Devi forbade them from abusing. Accused Komal Singh struck her with Pharsa and Lalla (pplicant) fired at her by double barrel gun and then all of them fled away. The body was inquested upon and post mortem was conducted, wherein two incised wounds, two gun shot wounds were found on the body.
As against the genuineness of the prosecution case and the proposed supporting evidence, it was argued that it is a case of hit and run. It was further emphasized that the story is neither probable nor natural. If the accused persons were 11 in number, there was no necessity for them to abuse and make noise in order to attract the villagers to come from the village situated at a distance of 150 yards to witness the occurrence in the alleged manner. It was further emphasized that the alleged motive of enmity of Gram Pradhan election has also not been mentioned specifically and why a lady will be killed simply because she was forbidding them from abusing. Inspite of the allegations in the FIR about firing made by all the eleven accused, no other person is said to have received any fire arm injury. The witnesses having guns in their hands were seeing the occurrence from a distance of 50-55 steps, but neither of them come forward or received any injury. Further it was pointed out only the applicant fired at the deceased whereas the accused were 11 in number. It is also worth considering that whether or not the light of a single electric bulb or the light of few torches from a distance of 50-55 steps was sufficient to recognize all the named accused persons as also the alleged specific role of accused Komal Singh and Lalla. It is also not ascertainable from the record as to whether or not any torch has been taken into custody by the police. In the context of apprehension for tampering with the evidence, it was argued that the applicant has no criminal history to his credit. It was also pointed out that several co-accused have been enlarged on bail by this Court.
The bail was, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments, advanced on behalf of the applicant in respect of the points discussed herein above, particularly in respect of probability of witnessing the occurrence and its alleged manner, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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