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Allahabad High Court · body

2007 DIGILAW 2616 (ALL)

FURKAN IRSHAD v. STATE O

2007-10-12

RAVINDRA SINGH

body2007
RAVINDRA SINGH, J. In the above mentioned bail applications the Criminal Misc. Bail Application No. 19449 of 2007 has been filed by the applicant Irshad and Criminal Misc. Bail Application No. 19893 of 2007 has been filed by the co-accused Furkan with a prayer that they may be released on bail in case crime No. 284 of 2007 under sections 308, 325, 324, 504 LP. C. P. S. Kairana, district Muzaffarnagar. 2. Both the applicants are involved in case crime No. 284 of 2007 P. S. Kairana district Muzaffarnagar. Therefore, their bail applications are being disposed of by a common order. 3. The facts of the case in brief are that the F. I. R. has been lodged by Aabit at P. S. Kairana on 18. 5. 2007 at 5. 20 p. m. in respect of the incident, which had occurred on 12. 5. 2007 at about 7. 00 p. m. , the distance of the police station was about 6 k. m. from the alleged place of occurrence. It is alleged that both the applicants are very powerful men of their village, they were having enmity with the family of the first informant, the applicant Irshad had committed the murder of the real nephew of the first informant about 1,1/2 prior the alleged incident, they wanted to eliminate the family of the first informant, on 12. 5. 2007 at about 7. 00 p. m. Naushad, nephew of the first informant left field to his house, the applicant Irshad armed with Pharsa, applicant Furkan armed with tabal and the co-accused Wakif armed with lathi and co-accused Khursheed armed with sariya came there and made an assault on the nephew of the first informant consequently, he sustained injuries. Subsequently, he became unconscious after sustaining the injuries. The applicant Irshad was hurling abuses, he was saying that as his brother was murdered in the same manner, he is also being murdered, on hue any cry, many persons of the village came at the place of occurrence, then all the, accused persons fled away from the place of occurrence leaving the injured as dead. Thereafter, he was taken to the Government Hospital Kairana from where he was referred to another hospital considering the seriousness of the injuries. Thereafter, he was taken to the Government Hospital Kairana from where he was referred to another hospital considering the seriousness of the injuries. According to the medical examination report the injured Naushad sustained 22 injuries, in which injury No. 21 was incised wound on the interior aspect of left knee, rest of the injuries were caused by hard and blunt object. Injury No. 1, 3, 9, 19 and 20 were kept under observation and advised for x-ray. According to the x-ray report, there was a fracture of lower end of left ulna. According to the supplementary medical examination report, the injury No. 20 was grievous in nature, rest of the injuries were simple in nature, caused by hard and blunt object. The applicants applied for bail before the learned Additional Sessions Court No. 1 Muzaffarnagar who rejected the same on 8. 8. 2007. 4. Heard Sri Ravindra Nath Rai, and Sri A. K. Rai, learned Counsel for the applicant Irshad, Sri Rajiv Sisodia, and Atul Sisodia, learned Counsel for the applicant Furkan and learned A. G. A. for the State of U. P. and Sri Gaurav Kakkar, learned Counsel for the complainant. 5. It is contended by the learned Counsel for the applicant that in the present case F. I. R. is delayed by six days without any plausible explanation, the F. I. R. has been lodged on account of old enmity, the alleged offence has been committed by some unknown persons. The applicant have been falsely nominated but according to the medical examination report, only injury No. 21 may be caused by sharp edged weapon, it is on the non vital part of the body, simple in nature. It has not been specified as to whose blow caused this injury whereas both the applicants are said to have been armed with sharp edged weapons. According to the supplementary medical examination report only injury No. 20 was grievous in nature and remaining injuries were simple in nature. It has not been specified as to whose blow caused injury No. 20. The applicant Irshad has been falsely implicated due to a case in which the brother of the injured was killed in which he was involved. The applicant Furkan was not accused in that murder case. The applicants are innocent. Irshad is in jail since 16. 5. 2007, therefore, the applicants may be released on bail. 6. The applicant Irshad has been falsely implicated due to a case in which the brother of the injured was killed in which he was involved. The applicant Furkan was not accused in that murder case. The applicants are innocent. Irshad is in jail since 16. 5. 2007, therefore, the applicants may be released on bail. 6. In reply of the above contention it is submitted by the learned A. G. A. and the learned Counsel for the complainant that the applicant and other co-accused persons were having strong motive to commit the alleged offence. The injuries were caused in a very brutal manner. The injured had sustained 22 injuries after receiving injuries he become unconscious, when the applicant and other co-accused persons came, he has fled away from the place of occurrence because the villagers were gathered at the place of occurrence. The delay in the present case is not material, because the first informant and other were involved in providing proper medical aid to the injured, who was struggling for his life. The statement of the injured has been recorded, it has supported the prosecution version prior the alleged incident the brother of the injured was killed in which the applicant Irshad was an accused, all the accused are closely associates, they are having terror in the village, they are very powerful strong persons. In case, they are released on bail, they shall tamper with the evidence. Therefore, they may not be released on bail. 7. Considering the facts and circumstances of the case and submissions made by the learned Counsel for the applicant, learned A. G. A. and learned Counsel for the complainant, and from the perusal of the record, it appears that prior the alleged occurrence, brother of the injured was killed by the applicant Irshad. The alleged offence has been committed in a brutal manner in which 22 injuries were caused on the person of the injured, the gravity of the offence is too much, and without expressing any opinion on the merits of the case and to ensure the fair trial the applicant are not entitled for bail. The prayer for bail is refused. Accordingly both the bail applications are rejected. Application Rejected. .