Gyanendra @ Bhullan; Jagjeet; Munna vs State of U.P.

Shiv Shanker, J.—These above three bail applications have been moved on behalf of applicants Gyanendra @ Bhullan, Jagjeet and Munna in one case crime No. 146A/2006, under Sections 147, 148, 149, 302, I.P.C., P.S. Khakhareru, District Fatehpur and, as such, they are being decided together by a common order passed in C.M.B.A. No. 5206/07.

Heard learned Counsel for the applicants and learned A.G.A. and learned Counsel for complainant as well as perused the record.

It is contended by learned Counsel for the applicants Munna and jagjeet that both are not the main assailants for committing murder of deceased persons. The role of main assailant has been shown against other coaccused persons. Learned Counsel for the applicant Gyanendra alias Bhullan contented that the F.I.R. has been lodge with a delay of 10 days. The rule of present applicants has been shown to cause fire arm injury on the person of Ram Narain but no any fire arm injury was found on the deadbody of deceased. There is no role of the present applicants to commit murder of another deceased Budda and Bachchi Lal who were allegedly murdered by coaccused Nasim, Nazim and Shakil. It is further contended that the statement of Smt. Sumitra, wife of deceased Ram Narain reveals that Shakil committed murder of her husband with his rifle.

On the other hand it is submitted that the applicant Gyanendra alias Bhullan who is Pradhan of the village and effective person. Three persons were shot dead. However, the police did not lodge the F.I.R. of the informant. Thereafter the application was moved to S.P. Fatehpur and upon his direction, the case was registered, wherein the present applicant Gyanendra alias Bhullan as well as other applicants Munna and Jagjeet are also named in the F.I.R. It is further contended that the applicant Gyanendra alias Bhullan who is pradhan, is also main accused in the alleged occurrence He was in collusion with the police. Therefore, the F.I.R. was not lodged. It is further contended that a cross case has been concocted with the help of police. Therefore, all the applicants were members of unlawful assembly and in prosecution, common object of such assembly, all the three deceased were murdered by them.

After considering the submissions also made on behalf of both, the parties, it appears that three persons have been shot dead namely Budda, Bachchi Lal and Ram Narain. It has been specifically mentioned in the F.I.R. that Moolchand, Durga, Bachchi Lal (deceased), Budda (deceased), Bhoosan, Shiv Mangal, Kalloo and Bhikhloo etc. had reached at the tubewell of the informant on 30102006 at 8 p.m. for taking fan of irrigation which belongs to them. At the same time the applicant Gyanendra alias Bhullan along with Gulab, Kalloo, Ashish, Jagjeet, Mukando, Chetu, Babu Lal also reached there and made indiscriminate firing. The police had also reached after 15 minutes. Budda and Bachchi Lal who had gone to conceal their identity near the tanki, from where, the fan was opened. Thereafter, coaccused Nasim. Nazim and Shakil shot dead Budda and Bachchi Lal and Ram Narain ran away for saving their lives and entered into the house of Purusottam. The applicant Gyanendra alias Bhullan Pradhan himself had broken the lock of the house and entered in it and opened the fire with his country made pistol upon Ram Narain. At that time he was alive. Therefore, he was being taken for giving statement through the police vehicle, upon which his wife had requested to go with him as her husband was alive, but she was refused and he was taken by the said vehicle and he was murdered by causing Kundu injuries at Gharvasi crossing, so that he could not give the statement against them. Therefore, the facts mentioned in the F.I.R. reveals that Budda and Bachchi Lal were murdered by coaccused Nasim, Nazim and Shakil while the third deceased Ram Narain was murdered by the present applicant Gyanendra alias Bhullan. This prosecution version is supported with the postmortem report of all the three deceased persons.

This is the case of triple murders of broad day light and all the above three applicants were members of an unlawful assembly and in prosecution of common object of such assembly, they committed the murder of deceased persons. Therefore, each member of such unlawful assembly is responsible for the above three murders either they have taken part in causing injuries or not. It is worthwhile to mention here that the applicant Gyanendra alias Bhullan has been shown to be influential person as Pradhan. It also appears that the police of concerned police station was also in collusion with the applicant Gyanendra alias Bhullan Pradhan. Therefore, the F.I.R. of the informant was not registered at the concerned police station immediately while three persons had been murdered and the police also reached at the spot and the third deceased was being taken by them also. However, the police of concerned police station did not try to lodge the F.I.R. against the assailants of three deceased, meaning thereby it appears that the police was helping with the accused persons. There is another proof of collusion with the police that the statement of Smt. Sumitra W/o Ram Narain was showing to be recorded under Section 161 Cr.P.C., wherein it has been mentioned that coaccused Shakil committed murder of her husband by causing rifle injuries, so that the influential person Gyanendra alias Bhullan pradhan could be saved from the punishment.

It also worthwhile to mention here that moth e is also against the applicant Gyanendra alias Bhullan Pradhan with the first informant as he has illegally made construction upon land of the informant. Therefore, the case was pending at the time of incident, therefore, elder brother of informant was murdered and there was also another enmity of election of Pradhan.

There was also enmity with the applicant Gyanendra alias Bhullan with Budda deceased as he had also contested the election of Pradhan. There was also enmity with another deceased Bachchi Lal as he had won election of member. Therefore, motive is also established against the applicant Gyanendra alias Bhullan and other coaccused persons including applicants are associates of Pradhan Gyanendra alias Bhullan. When the F.I.R. was not lodged the police regarding the tripple murders, thereafter, the informant approached to S.P. Fatehpur along with written report and gave the same, upon which direction was made to lodge the F.I.R. Consequently, the F.I.R. was lodged against the above three applicants along with other on 9112006 at 9.45 p.m. After 10 days of the alleged occurrence. Therefore, sufficient explanation has been given regarding such delay.

It is also worthwhile to mention here that the applicant Gyanendra alias Bhullan seems to be influential person in the locality and I the police is also in his collusion. Therefore, in case, the applicants are released on bail, naturally they will pressurize the prosecution witnesses to become hostile.

After considering the facts and circumstances of the case and gravity of tripple murder cases of broad daylight, I do not find any force in the arguments advanced by learned Counsel appearing on behalf of applicants. Therefore, their bail applications are not liable to be allowed.

Consequently, their bail applications aforementioned are hereby rejected.