Ziledar Singh vs State of U.P.

A.K. Roopanwal, J.—This is an application for bail on behalf of the applicant Ziledar Singh involved in case crime No. 484-A/07, u/s 147, 148, 149, 436, 307, 308, 323, 504, 506 & 427, I.P.C., P.S. Auraee, District Sant Ravi Das Nagar.

It appears from the facts of the case that Awadhesh Kumar Barnwal runs a jewellery shop in Ghosia, P.S. Auraee, District Sant Ravi Das Nagar. The first informant of the case, Sunil Tiwari is the friend of Awadhesh Kumar Barnwal. Since March 2007 Awadhesh Kumar Barnwal and his brother Vipin Kumar Barnwal were receiving telephone calls by which money was being demanded from them. Awadhesh Kumar Barnwal and his brother informed the S.P. Sant Ravi Das Nagar and asked for their protection. S.P. referred the matter to C.O. Gyanpur for necessary action. It was agreed upon between the police officers and Awadhesh Kumar Barnwal that Awadhesh Kumar Barnwal shall fix a day, time and place for the payment of money which was being demanded from him. When the call again came to Awadhesh Kumar Barnwal, he settled the matter and agreed to pay the money on 25.5.07 at 6.30 p.m. Awadhesh Kumar Barnwal was instructed by the caller that he will reach on the canal road to the west of Sevor Road where Ziledar Singh (applicant) will meet him and he will hand over the money to him. After this settlement Awadhesh Kumar Barnwal informed the developments to S.P., Sant Kabir Nagar. S.P. directed him to lodge a regular FIR to the effect that illegal money was being demanded from him and he is going to pay the money. S.P. also told him that C.O., Gyanpur will meet him at P.S. Auraee along with his staff and he will arrest the culprits. On the instructions of S.P., Awadhesh Kumar Barnwal along with first informant, Sunil Tiwari reached at P.S. Auraee where C.O. Gyanpur, Mr. Surendra Tiwari met them. Awadhesh Kumar Barnwal lodged an FIR at crime No. 484/07, u/s 384, IPC at P.S. Auraee. It was agreed there that Awadhesh Kumar Barnwal will go in a maruti van along with a Special Operation Group Personnel and will hand over the bag containing money to Ziledar Singh. Police will come from the other side in plain clothes.

On 25.5.07 at about 6.30 p.m. Awadhesh Kumar Barnwal reached at the canal road along with S.O.G. Personnel. Applicant came from behind on a motorcycle. He overtook the maruti van and said to Awadhesh Kumar Barnwal to follow him. The S.O.G. Personnel gave a telephone call to the police officials who were in the jeep. Ziledar Singh saw the police personnels and suspected some foul play. He turned his motorcycle on a narrow road. Awadhesh Kumar Barnwal stopped his maruti van. S.O.G. Personnel and the police ran behind the applicant and fired upon him. Immediately then, uncles of Ziledar Singh namely Karamraj Singh, Kishun Tara and Dudh Raj Singh ran for the rescue of Ziledar Singh and started palleting stones upon the police party. The police was taken aback. They withdrew themselves and ran away with the jeep. Awadhesh Kumar Barnwal also accompanied them. Informant was left all alone who was severely beaten by Karam Raj Singh and others. They also set the van on fire. After some time the police, again reached at the spot and removed the informant to District Hospital, Gyanpur from where he was sent to Kabir Chaura Hospital, Varanasi and from there he was referred to B.H.U. Hospital, Varanasi. He regained consciousness on 27.5.07 and then moved an application u/s 156(3), Cr.P.C. on which the case was registered against the applicant and others. A cross case registered at crime No. 485/07, u/s 307, IPC was also lodged by Karam Raj Singh at P.S. Auraee against the informant and others.

I have heard Mr. Anurag Pathak, learned Counsel for the applicant, Mr. Manish Tiwary, learned Counsel for the first informant, learned AGA and perused the record.

Mr. Pathak argued that the occurrence had not taken place in the manner as alleged by the first informant. If the incident as alleged in the first information report would have been true, there could be no occasion whatsoever with the police not to register the first information report immediately after the occurrence. It was also argued that no role of causing any injury has been assigned to the applicant. He further argued that the applicant and Barnwal brothers are familiar with each other since a long. The applicant and his family had been purchasing jewellery from their shop. Applicant had taken a loan of Rs. 25,000/- from Awadhesh Kumar Barnwal by keeping the necklace of his wife as security. When he demanded back this necklace after the repayment of loan, Barnwal brothers did not return the same ornament and therefore, a dispute arose between them. Awadhesh Kumar Barnwal threatened the applicant for dire consequences and he concocted this false case against the applicant. Actually, Awadhesh Kumar Barnwal accompanied by his brothers Vipin Kumar Barnwal, Rajiv Barnwal and Sunil Kumar Tiwari came to the applicant''s village armed with fire arms and attacked him. Villagers came for his rescue. All except the first informant, Sunil Kumar Tiwari managed to run away. Sunil was caught and beaten by the mob due to which he received injuries. This assertion is supported by the fact that the S.O., Gyanpur, Vijay Mangal Singh Yadav had shown the arrest of Awadhesh Kumar Barnwal and one other at 6.40 p.m. on 25.5.07 when they came running to him in order to save their lives. Mr. Pathak also argued that there being a cross case the applicant is entitled to bail.

To the above argument, Mr. Manish Tiwary replied that the cross FIR from the side of the applicant has been lodged in collusion with the police. It was because of the fact that the police had run away from the scene of occurrence and in order to cover its inefficiency not only wrong arrest has been shown but a wrong and false FIR was also got registered through Karamraj Singh at crime No. 485/07.

A look at the facts of the case would reveal that it is not disputed that a case at crime No. 484/07, u/s 384, IPC was lodged at P.S. Auraee at 5.10 p.m. on 25.5.07. It was written in this FIR that illegal money was being demanded from Awadhesh Kumar Barnwal and he was going to hand over the money to Ziledar Singh, the present applicant. This FIR is fully indicative of the fact that the police knew the case of Awadhesh Kumar Barnwal prior to the incident which is alleged to have taken place on 25.5.07 at 6.30 p.m. If the police had been informed prior to the incident, then this story of the informant, Sunil Tiwari appears to be believable that he had gone at the place of occurrence as per agreement between him and the police. When the police is said to have run away, then definitely, there could be no other way with the police to save his face except to make some case which is said to have been made by showing the arrest of Awadhesh Kumar Barnwal and one other and by getting the FIR lodged through Karam Raj Singh.

A look at the FIR lodged by Karam Raj Singh would reveal that it does not disclose those facts which have been argued by Mr. Pathak before me. This FIR also does not show as to how the first informant received injuries while it is a fact that first infomant was removed from the place of occurrence by the police.

Thus, in view of the above discussion, I am of the view that at this stage the story as put forward by the first informant appears to be probable and in view of this story, the role assigned to the applicant gains importance.

Considering this role, I am not inclined at all to grant bail to the applicant.

The application for bail is, hereby, rejected.