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NANHA @ RADHA KANT AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Nanha @ Radha Kant And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16601 of 2006 [2006] RD-AH 15601 (7 September 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 47

Criminal Misc Bail Application No. 16601 of 2006

Nanha alias Radha Kant and another..Vs....State of U.P.

.......

Hon'ble Ravindra Singh, J.

This application has been filed by the applicants Nanha alias Radha Kant and Manna alias Shashikant with a prayer that they may be released on bail in case crime no. 133 of 2005, under Sections 302 and 364 I.P.C., P.S. Ghazipur  District Fatehpur.

The prosecution story, in brief, is that the F.I.R.  of this case has been lodged by Jagdish at P.S. Ghazipur, District Fatehpur on 16.10.2005 at 6.30 p.m. in respect of the incident which had occurred on 16.10.2005 at about 1.00 p.m. The distance of the police station was 6 kms from the alleged place of occurrence. The F.I.R. was lodged against applicants and co-accused Raju Nai alleging therein that deceased Kailash Dubey was contesting  the election of Kshetra Panchayat. The first informant and the deceased were issuing the election slips, in the mean time the applicants and co-accused Raju Nai came there. Applicant Nanha alias Radha Kant armed with gun and applicant Munna alisa Shashi Kant and co-accused  armed with country made pistol and lathi respectively. They asked the first informant and the deceased that how they have dared  to issue the slips of the election. It was replied by the deceased that he was contesting the election that is why he is issuing the respective slips, then the deceased was caught hold by the applicants and co-accused person forcibly and the deceased was dragged on the way of village and he was  beaten by them and open challenge has been given by them that whosoever will oppose them shall have the same consequences as of the deceased and the deceased was taken towards their house. Due to the act done by the applicants and co-accused a panic was created in the village. The deceased was taken inside the house and injuries were caused on his person by using Ghan, lathi and danda blows. Thereafter, the deceased was thrown from the house in very serious condition. The deceased was taken to Ghazipur , but in the way Home Guards Sanjay Srivastava and Narendra Pal met him and with their help the deceased was taken in a tempo to Fatehpur Hospital, but the deceased died in the way. According to the post mortem examination report the deceased has received 6 injuries in which 5 injuries are contusion and one injury was lacerated wound. All the injuries are on non vital part of the body.

 Heard Sri V.C.  Tiwari Senior Advocate assisted by Sri Manish Tiwari and Sri A.K. Awasthi  learned counsel for the applicant,  learned A.G.A. for the state of U.P. and Sri A.K. Srivastava learned counsel for the complainant.

         It is contended by the learned counsel for the applicant that: -

(i)The prosecution story is not corroborated by medical evidence. The deceased has received only 6 injuries in which 5 injuries are contusion and one injury was lacerated wound and all the injuries are on the non vital part of the body of the deceased and no dragging mark was found on the body of the deceased.

(ii)Even on the basis of the allegation made against the applicants and other co-accused person no offence under Section 302 I.P.C. is made out. At the most the offence under Section 304 part- 2 I.P.C. will be made out.

(iii)The alleged motive is absolutely false and the applicants have been falsely implicated due to village partibandi.

(iv)Co-accused Raju Nai whose case is on the same footing with the case of the applicants, has been released on bail by another Bench of this court on 2.8.2006 in Criminal Misc Bail Application No. 14888 of 2006, therefore, the applicant is also entitled for to get the benefit of the parity.

(v)There is village partibandi . The applicant no. 1 has been falsely implicated in 30 cases , out of which he has been acquitted in 29 cases and only one case crime no. 78 of 2005 under NDPS Act is pending and  applicant Munna alias Shashi Kant has been falsely implicated  in 32 cases and he has been acquitted in 29 cases and only 3 cases as case crime No. 79 of 2005 under NDPS Act, S.T. No. 1027 of 2004, under Section 25 Arms Act and S.T. No. 328 of 2001 under Sections 394 and 412 I.P.C. are pending.

In reply of the above contention the learned A.G.A and the learned counsel for the complainant submit that the deceased has been murdered in a broad day light. The manner in which the deceased was murdered was shocking and panic was created in the village and the applicants are having long criminal history and they are  history sheeters. Applicant Nanha alias Radha Kant is having a criminal history of 39 cases since 1989 to 2005 and applicant Mann alisas Shasi Kant is having criminal history of 44 cases since 1990 to 2005. The applicants are such a notorious persons that nobody  dares to give the evidence against them. Their name itself is terror in their locality. The applicant Nanha alias Radha Kant has been involved in  following criminal cases :-

1.Case Crime No. 20 of 1989, under Sections 147, 148, 149, 307 I.P.C. P.S. Ghazipur, District Fatehpur.

2.Case Crime No. 256 of 1990, under Section 25 Arms Act. P.S. Ghazipur, District Fatehpur.

3.Case Crime No. 312 of 1991, under Sections364 and 302 I.P.C. P.S. Ghazipur, District Fatehpur.

4.Case Crime No. 989 of 1991, under Sections 147, 148, 149, 307 I.P.C.  and Section 5 Explosive Act, P.S. Kotwali, District Fatehpur.

5.Case Crime No. 52 of 1992, under Sections ¾ of the U.P. Goonad Act,. P.S. Ghazipur, District Fatehpur.

6.Case Crime No. 7 of 1993, under Sections 323, 504, 506 I.P.C. and Section 3(i)(x) (xi) 2(v) S.C./S.T. (P.A.) Act, P.S. Ghazipur, District Fatehpur.

7.Case Crime No. 157 of 1993, under Sections 147, 148, 149, 307 and 302 I.P.C. P.S. Ghazipur, District Fatehpur.

8.Case Crime No. 57 of 1994, under Sections 147, 148, 149, 307, 427, 426 and 436 I.P.C. P.S. Ghazipur, District Fatehpur.

9.Case Crime No. 172 of 1995, under Sections 25 Arms Act. P.S. Ghazipur, District Fatehpur.

10. Case Crime No. 224 of 1995, under Sections  307 I.P.C. P.S. Kotwali, District Fatehpur.

11. Case Crime No. 178 of 1995, under  Gangsters Act. P.S. Ghazipur, District Fatehpur.

12. Case Crime No. 353 of 1996, under Sections 302, 201 and 120-B I.P.C., P.S. Kotwali, District Fatehpur.

13.Case Crime No. 153 of 1996, under Sections  307 I.P.C. P.S. Ghazipur, District Fatehpur.

14. Case Crime No. 159 of 1996, under Sections 342, 323, 504 and 506 I.P.C. P.S. Ghazipur, District Fatehpur.

15. Case Crime No. 78 of 1997, under Sections 324, 337, 506 I.P.C. P.S. Ghazipur, District Fatehpur.

16. Case Crime No. 52 of 1997, under Sections  2/3 (1) Gangsters Act,  P.S. Ghazipur, District Fatehpur.

17. Case Crime No. 210 of 1997, under Sections ¾ Goondas Act, P.S. Ghazipur, District Fatehpur.

18. Case Crime No. 35 of 1998, under Sections 147, 148, 427, 504 I.P.C. P.S. Ghazipur, District Fatehpur.

19. Case Crime No. 32 of 1998, under Sections 323, 504 and 506 I.P.C. and S.C./ S.T. Act, P.S. Ghazipur, District Fatehpur.

20. Case Crime No. 241 of 1998, under Sections 147, 148, 149, 307 I.P.C. P.S. Ghazipur, District Fatehpur.

21. Case Crime No. 234 of 1998, under Sections 380 and 506 I.P.C. P.S. Kotwali, District Fatehpur.

22. Case Crime No. 323 of 1999, under Sections  307 I.P.C. P.S. Kotwali, District Fatehpur.

23. Case Crime No. 324 of 1999, under Sections 4/5 Explosive Act  P.S. Kotwali, District Fatehpur.

24. Case Crime No. 209 of 1999, under Sections 323, 504 and 506 and 3 (i)(x) S.C./S.T. Act, P.S. Ghazipur, District Fatehpur.

25. Case Crime No. 444 of 1999, under Sections 302, 307, 374 and 120-B I.P.C. P.S. Kotwali, District Fatehpur.

26. Case Crime No. 102 of 2000, under Sections 110 Cr. P. C.. P.S. Ghazipur, District Fatehpur.

27. Case Crime No. 120 of 2000, under Sections 323, 504 and 506 I.P.C. P.S. Ghazipur, District Fatehpur.

28. Case Crime No. 73 of 1999, under Sections 386 342, 323, 504 and 506 I.P.C. P.S. Ghazipur, District Fatehpur.

29. Case Crime No. 61 of 2001, under Sections 4/5 Explosive Act,. P.S. Ghazipur, District Fatehpur.

30. Case Crime No. 386 of 2001, under Sections ¾ Goondas Act, P.S. Ghazipur, District Fatehpur.

31. Case Crime No. 52 of 2002, under Sections 110 Cr. P. C.. P.S. Ghazipur, District Fatehpur.

32. Case NCR No. 8 of 2002, under Sections 323 and 504 I.P.C. P.S. Ghazipur, District Fatehpur.

33. Case NCR No. 9 of 1989, under Sections 323 and 504 I.P.C. P.S. Ghazipur, District Fatehpur.

34. Case Crime No. 74 of 2002, under Sections  307 I.P.C. P.S. Kotwali, District Fatehpur.

35. Case Crime No. 76 of 2002, under Sections  25 Arms Act P.S. Kotwali, District Fatehpur.

36. Case Crime No. 186 of 2002, under Sections 2/3 Gangsters Act, P.S. Ghazipur, District Fatehpur.

37. Case Crime No. 79 of 2005, under Sections 18/20 NDPS Act. P.S. Thariyaon  , District Fatehpur.

38.  Case Crime No. 133 of 2005, under Sections 364 and 302 I.P.C. P.S. Ghazipur, District Fatehpur.

39. Case Crime No. 151 of 2005, under Sections 110 Cr. P. C. P.S. Ghazipur, District Fatehpur

The applicant  Manna alias Shashi Kant has been involved in following cases :-

1.Case Crime No. 257 of 19199089, under Sections 25 Arms Act, P.S. Ghazipur, District Fatehpur.

2.Case Crime No. 312 of 1991, under Section364 and 302 I.P.C. P.S. Ghazipur, District Fatehpur.

3.Case Crime No. 989 of 1991, under Sections 147, 148, 149, 307  I.P.C. P.S. Kotwali, District Fatehpur.

4.Case Crime No. 990 of 1991, under Sections  Section 5 Explosive Act, P.S. Kotwali, District Fatehpur.

5.Case Crime No. 53 of 1992, under Sections ¾ of the U.P. Goonad Act,. P.S. Ghazipur, District Fatehpur.

6.Case Crime No. 7 of 1993, under Sections 323, 504, 506 I.P.C. and Section 3(i)(x) (xi) 2(v) S.C./S.T. (P.A.) Act, P.S. Ghazipur, District Fatehpur.

7.Case Crime No. 157 of 1993, under Sections 147, 148, 149, 307 and 302 I.P.C. P.S. Ghazipur, District Fatehpur.

8.Case Crime No. 57 of 1994, under Sections 147, 148, 149, 307, 307, 424, 429 and 436 I.P.C. P.S. Ghazipur, District Fatehpur.

9.Case Crime No. 224 of 1995, under Sections 307 I.P.C.. P.S. Kotwali, District Fatehpur.

10. Case Crime No. 178 of 1995, under Sections  2/3 Gangsters Act. P.S. Ghazipur, District Fatehpur.

11. Case Crime No. 65 of 1996, under Section 25 Arms  Act. P.S. Ghazipur, District Fatehpur.

12. Case Crime No. 66 of 1996, under Sections 5/25 Arms Act., P.S. Ghazipur, District Fatehpur.

13.Case Crime No. nill of 1996, under Sections 41/ 411 I.P.C. P.S. Ashothar, District Fatehpur.

14. Case Crime No. 12 of 1993, under Sections 394 and 411 I.P.C. P.S. Ashthar, District Fatehpur.

15. Case Crime No. 353 of 1996, under Sections 3302 and 120-B I.P.C. P.S. Kotwali, District Fatehpur.

16. Case Crime No. 153 of 1996, under Sections 307 I.P.C.,  P.S. Ghazipur, District Fatehpur.

17. Case Crime No. 159 of 1996, under Sections342, 323, 504 and 506 I.P.C., P.S. Ghazipur, District Fatehpur.

18. Case Crime No. 173 of 1995, under Sections 323, 504 and 506 I.P.C. P.S. Ghazipur, District Fatehpur.

19. Case Crime No. 52 of 1997, under Sections 2/3 Gangsters Actt, P.S. Ghazipur, District Fatehpur.

20. Case Crime No. 211 of 1997, under Sections ¾ U.P. Gonndas Act P.S. Ghazipur, District Fatehpur.

21. Case Crime No. 32 of 1998, under Sections 323, 504, 506 I.P.C. And S.C./S.T. Act, P.S. Ghazipur, District Fatehpur.

22. Case Crime No. 78 of 1997, under Sections  324, 337, 506 I.P.C. P.S. Ghazipur, District Fatehpur.

23. Case Crime No. 35 of 1998, under Sections147. 148, 427, 504 I.P.C.  P.S. Ghazipur, District Fatehpur.

24. Case Crime No. 296 of 1997, under Sections395 and 397 I.P.C., P.S. Ghazipur, District Fatehpur.

25. Case Crime No. 295 of 1997, under Sections 352, 504 and 506 I.P.C. P.S. Thariyaon, District Fatehpur.

26. Case Crime No. 241 of 1998, under Sections 147, 148, 149, 307  I.P.C. P.S. Ghazipur, District Fatehpur.

27. Case Crime No. 112 of 1999, under Sections 110 Cr. P. C., P.S. Ghazipur, District Fatehpur.

28. Case Crime No. 209 of 1999, under Sections328, 504 and 506 I.P.C. and Sections 3(i)(x) S.C./S.T. Act P.S. Ghazipur, District Fatehpur.

29. Case Crime No. 444 of 1999, under Sections302 and 307/34 and 120-B I.P.C.,. P.S. Kotwali, District Fatehpur.

30. Case Crime No. 103 of 2000, under Sections 110 Cr. P. C., P.S. Ghazipur, District Fatehpur.

31. Case Crime No. 120 of 2000, under Sections 323, 504 and 506, P.S. Ghazipur, District Fatehpur.

32. Case Crime No. 73 of 1999, under Sections 386, 342, 323, 504 and 506 I.P.C. P.S. Ghazipur, District Fatehpur.

33. Case crime No. 225 of 2001, under Sections 147, 148 and 149 and 307 I.P.C. P.S. Ghazipur, District Fatehpur.

34. Case Crime No. 226 of 2001, under Sections 25 Arms Act P.S. Ghazipur, District Fatehpur.

35. Case Crime No. 275 of 2001, under Sections  ¾ U.P. Goondas  Act P.S. Ghazipur, District Fatehpur.

36. Case Crime No. 34 of 2002, under Sections 110 Cr. P. C., P.S. Ghazipur, District Fatehpur.

37. Case Crime No. 74 of 2002, under Sections 307 I.P.C.. P.S.  Kotwali  , District Fatehpur.

38.  Case Crime No. 75 of 2002, under Sections 25 Arms Act. P.S. Kotwali, District Fatehpur.

39.Case NCR No. 8 of 2002, under Sections 323 and 504. P.S. Ghazipur, District Fatehpur

40.Case NCR No. 9 of 2002, under Sections 323 and 504. P.S. Ghazipur, District Fatehpur.

41.  Case Crime No. 186 of 2002, under Sections 2/3 Gangsters Act. P.S. Ghazipur, District Fatehpur.

42.  Case Crime No. 78 of 2005, under Sections 18/20 NDPS  Act. P.S. Thariyaon, District Fatehpur.

43.  Case Crime No. 133 of 2005, under Sections 364 and 302 P.S. Ghazipur, District Fatehpur.

44.  Case Crime No. 150 of 2005, under Sections 110 Cr. P. C. P.S. Ghazipur, District Fatehpur.

        It is further contended that if the applicants are released on bail they shall tamper with the evidence, therefore, they may not be released on bail.

         From the perusal of the criminal antecedents of the applicants, I am  of the view that for considering the bail the criminal back ground of the accused  is one of important aspect for the purpose of fair trial.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants, the learned A.G.A. and learned counsel for the complainant,  the seriousness of the offence,  the criminal antecedents of the applicants, the case  of the applicants is distinguishable with the case of co-accused Raju Nai, it is broad day light murder, the deceased had been badly beaten and bones of the deceased have been fractured and  without expressing any opinion on the merits of the case the applicants  are not entitled for bail.

Accordingly, the bail application is rejected.

Dated:07 .9.2006

Rcv


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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