High Court · 2025

2. Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State.

3. The second Criminal Misc. Bail application No. 37990 of 2024 has been filed on behalf of applicant-accused Bhoopan and the second Criminal Misc. Bail application No. 38282 of 2024 has been filed on behalf of applicant-accused Moola in Case Crime No. 414 of 2019, under Sections 147, 148, 149, 341, 307, 323, 302, 506, 326 IPC and section 27/30 of Arms Act, P.S. Rabupura, District Gautam Budh Nagar with the prayer to enlarge them on bail. The first bail applications of both the applicants were rejected by this Court vide order dated 20.03.2024.

4. The informant has lodged first information report on 30.11.2019 against applicants and co-accused Sunder, Narendra @ Mundar, Satish, Rakesh, Dharmendra and Kiranpal, alleging that while his son Gajendra and his companions were coming in four cars and at about 08.30 PM they reached near house of one Kalu, the accused persons have waylaid them and made indiscriminate firing upon Gajendra and his companions. It was alleged that the bullet fired by applicant- accused Moola has hit deceased Gajendra and that applicant-accused Bhoopan has fired bullet from rifle at deceased Aakash. Both sustained fire-arm injuries and died. In the same incident one of the companion of Gajendra, namely, Sunil has sustained injuries and firing was also made at his other companions.

5. It has been argued by learned counsel for the applicants that applicants-accused are innocent and they have been falsely implicated in this case. As per prosecution version deceased persons, namely, Gajendra and Aakash were admitted in the hospital on 29.11.2021 at 11:00 PM and inquest proceedings were conducted on the same day but by that time no first information report was lodged and that there is undue delay in lodging of the first information report. Besides the applicants, several other persons were also named in the first information report and were assigned role of firing and thus, it is not possible to ascertain that as to which of the accused has fired bullet at both the deceased persons. It was submitted that the allegations that the applicant-accused Moola has fired a bullet from the rifle, which has hit the deceased Gajendra and applicant-accused Bhoopan has fired a bullet from rifle at deceased Aakash, are wholly false and it was not possible to ascertain. It was stated that the alleged recovery of weapons shown from the applicants- accused is wholly false and there is no independent witness of the alleged recovery.

6. It is further submitted that the first bail application of both the applicants has already been rejected by this Court vide order dated 20.03.2024 and after that all the material witnesses have been examined before the trial court. In his statement before the trial court, PW-3 Jeetu has denied the prosecution version and stated that murder of both the deceased was committed by some unknown assailants. Similarly eye witnesses PW-10 Deepak and PW-14 Sunil have not supported the prosecution version and turned hostile. The first bail application of the applicants-accused was rejected by this Court mainly on the ground that the bail granted to co-accused Narendra @ Mundar, Sunder, Satish, Rakesh, Dharmendra and Kiranpal by this Court was cancelled by the Hon'ble Apex Court but now co-accused Narendra @ Mundar has been granted bail by this Court vide order dated 24.09.2024 passed in criminal misc. bail application no. 32840 of 2024. All other co-accused persons have also been granted bail. It is submitted that the applicants are in jail since

06.12.2019 and thus, they have already undergone detention of about five and a half years and that since last four months no progress has been made in the trial. After the Presiding Officer has been transferred, the trial court is lying vacant. The criminal history of four cases of applicant-accused Bhoopan has duly been explained in the affidavit filed in support of the bail application. Lastly, it was submitted that in case applicant are enlarged on bail, they will not misuse the liberty of bail.

7. Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that the applicant-accused Moola has fired a bullet from the rifle, which has hit the deceased Gajendra and applicant-accused Bhoopan has fired a bullet from rifle at deceased Aakash and both the deceased, namely, Gagendra and Aakash have sustained firearm injuries and died. The specific role of firing at the deceased persons has been assigned to the applicants-accused and thus, applicants cannot claim parity with co-accused persons, who have been granted bail. In the alleged incident two persons have been murdered and one has sustained injury. Both the deceased were brothers. The delay in trial has been caused by the accused persons by one way or other. Applicants are hardened criminal, having criminal history. It was submitted that recovery of one country made pistol was shown from applicant-accused Bhoopan and recovery of one riffle was shown from applicant-accused Moola. During trial, PW-1 Girraj Singh and PW-2 Subhash have supported the prosecution version and trial of the case is at final stage. The first bail applications of applicants-accused has already been rejected by this Court on merits. Learned counsel has referred facts of the matter and submitted that the applicants are not entitled for bail.

8. I have considered rival submissions and perused the record.

9. Perusal of record shows that the informant has lodged first information report on

30.11.2019 against applicants and co-accused Sunder, Narendra @ Mundar, Satish, Rakesh, Dharmendra and Kiranpal, alleging that while his son Gajendra and his companions were coming in four cars and at about 08.30 PM they reached near house of one Kalu, the accused persons have waylaid them and made indiscriminate firing upon Gajendra and his companions. As per prosecution version, the bullet fired by applicant-accused Moola has hit deceased Gajendra and applicant-accused Bhoopan has fired bullet from rifle at deceased Aakash. Both sustained fire-arm injuries and died. In the same incident one of the companion of Gajendra, namely, Sunil has sustained injuries. All the co-accused persons have been granted bail. Though specific role of firing at the deceased persons was assigned to the applicants-accused but applicants-accused have already undergone the detention of about five and a half years and at present the trial court is stated lying vacant. All the material witnesses have already been examined before the trial court and thus, now there is no possibility of tampering with evidence. It was shown that eye witnesses PW-10 Deepak and PW-14 Sunil have not supported the prosecution version and turned hostile.

10. Considering entire facts, particularly the fact that the applicants-accused have already undergone detention of about five and a half years and that all the material witnesses have been examined before the trial court, without expressing any opinion on the merits, a case for bail is made out. Hence, the present second bail application on behalf of the applicants-accused, namely, Bhoopan and Moola is hereby allowed.

11. Let the applicants Bhoopan and Moola involved in the aforesaid crime be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicants shall not tamper with the evidence during trial. ii. The applicants shall not pressurize/intimidate the prosecution witnesses. iii. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicants shall not try to contact, threat or otherwise influence the informant or any of the witness of the case.

12. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicants in accordance with law. Order Date :- 28.5.2025 Anand ANAND VERMA ANAND VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State.

3. The second Criminal Misc. Bail application No. 37990 of 2024 has been filed on behalf of applicant-accused Bhoopan and the second Criminal Misc. Bail application No. 38282 of 2024 has been filed on behalf of applicant-accused Moola in Case Crime No. 414 of 2019, under Sections 147, 148, 149, 341, 307, 323, 302, 506, 326 IPC and section 27/30 of Arms Act, P.S. Rabupura, District Gautam Budh Nagar with the prayer to enlarge them on bail. The first bail applications of both the applicants were rejected by this Court vide order dated 20.03.2024.

4. The informant has lodged first information report on 30.11.2019 against applicants and co-accused Sunder, Narendra @ Mundar, Satish, Rakesh, Dharmendra and Kiranpal, alleging that while his son Gajendra and his companions were coming in four cars and at about 08.30 PM they reached near house of one Kalu, the accused persons have waylaid them and made indiscriminate firing upon Gajendra and his companions. It was alleged that the bullet fired by applicant- accused Moola has hit deceased Gajendra and that applicant-accused Bhoopan has fired bullet from rifle at deceased Aakash. Both sustained fire-arm injuries and died. In the same incident one of the companion of Gajendra, namely, Sunil has sustained injuries and firing was also made at his other companions.

5. It has been argued by learned counsel for the applicants that applicants-accused are innocent and they have been falsely implicated in this case. As per prosecution version deceased persons, namely, Gajendra and Aakash were admitted in the hospital on 29.11.2021 at 11:00 PM and inquest proceedings were conducted on the same day but by that time no first information report was lodged and that there is undue delay in lodging of the first information report. Besides the applicants, several other persons were also named in the first information report and were assigned role of firing and thus, it is not possible to ascertain that as to which of the accused has fired bullet at both the deceased persons. It was submitted that the allegations that the applicant-accused Moola has fired a bullet from the rifle, which has hit the deceased Gajendra and applicant-accused Bhoopan has fired a bullet from rifle at deceased Aakash, are wholly false and it was not possible to ascertain. It was stated that the alleged recovery of weapons shown from the applicants- accused is wholly false and there is no independent witness of the alleged recovery.

6. It is further submitted that the first bail application of both the applicants has already been rejected by this Court vide order dated 20.03.2024 and after that all the material witnesses have been examined before the trial court. In his statement before the trial court, PW-3 Jeetu has denied the prosecution version and stated that murder of both the deceased was committed by some unknown assailants. Similarly eye witnesses PW-10 Deepak and PW-14 Sunil have not supported the prosecution version and turned hostile. The first bail application of the applicants-accused was rejected by this Court mainly on the ground that the bail granted to co-accused Narendra @ Mundar, Sunder, Satish, Rakesh, Dharmendra and Kiranpal by this Court was cancelled by the Hon'ble Apex Court but now co-accused Narendra @ Mundar has been granted bail by this Court vide order dated 24.09.2024 passed in criminal misc. bail application no. 32840 of 2024. All other co-accused persons have also been granted bail. It is submitted that the applicants are in jail since

06.12.2019 and thus, they have already undergone detention of about five and a half years and that since last four months no progress has been made in the trial. After the Presiding Officer has been transferred, the trial court is lying vacant. The criminal history of four cases of applicant-accused Bhoopan has duly been explained in the affidavit filed in support of the bail application. Lastly, it was submitted that in case applicant are enlarged on bail, they will not misuse the liberty of bail.

7. Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that the applicant-accused Moola has fired a bullet from the rifle, which has hit the deceased Gajendra and applicant-accused Bhoopan has fired a bullet from rifle at deceased Aakash and both the deceased, namely, Gagendra and Aakash have sustained firearm injuries and died. The specific role of firing at the deceased persons has been assigned to the applicants-accused and thus, applicants cannot claim parity with co-accused persons, who have been granted bail. In the alleged incident two persons have been murdered and one has sustained injury. Both the deceased were brothers. The delay in trial has been caused by the accused persons by one way or other. Applicants are hardened criminal, having criminal history. It was submitted that recovery of one country made pistol was shown from applicant-accused Bhoopan and recovery of one riffle was shown from applicant-accused Moola. During trial, PW-1 Girraj Singh and PW-2 Subhash have supported the prosecution version and trial of the case is at final stage. The first bail applications of applicants-accused has already been rejected by this Court on merits. Learned counsel has referred facts of the matter and submitted that the applicants are not entitled for bail.

8. I have considered rival submissions and perused the record.

9. Perusal of record shows that the informant has lodged first information report on

30.11.2019 against applicants and co-accused Sunder, Narendra @ Mundar, Satish, Rakesh, Dharmendra and Kiranpal, alleging that while his son Gajendra and his companions were coming in four cars and at about 08.30 PM they reached near house of one Kalu, the accused persons have waylaid them and made indiscriminate firing upon Gajendra and his companions. As per prosecution version, the bullet fired by applicant-accused Moola has hit deceased Gajendra and applicant-accused Bhoopan has fired bullet from rifle at deceased Aakash. Both sustained fire-arm injuries and died. In the same incident one of the companion of Gajendra, namely, Sunil has sustained injuries. All the co-accused persons have been granted bail. Though specific role of firing at the deceased persons was assigned to the applicants-accused but applicants-accused have already undergone the detention of about five and a half years and at present the trial court is stated lying vacant. All the material witnesses have already been examined before the trial court and thus, now there is no possibility of tampering with evidence. It was shown that eye witnesses PW-10 Deepak and PW-14 Sunil have not supported the prosecution version and turned hostile.

10. Considering entire facts, particularly the fact that the applicants-accused have already undergone detention of about five and a half years and that all the material witnesses have been examined before the trial court, without expressing any opinion on the merits, a case for bail is made out. Hence, the present second bail application on behalf of the applicants-accused, namely, Bhoopan and Moola is hereby allowed.

11. Let the applicants Bhoopan and Moola involved in the aforesaid crime be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicants shall not tamper with the evidence during trial. ii. The applicants shall not pressurize/intimidate the prosecution witnesses. iii. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicants shall not try to contact, threat or otherwise influence the informant or any of the witness of the case.

12. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicants in accordance with law. Order Date :- 28.5.2025 Anand ANAND VERMA ANAND VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad