Allahabad High Court
Ram Kishan vs State Of U.P. on 9 May, 2018
Bench: Shashi Kant Gupta, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- CRIMINAL APPEAL No. - 3535 of 2014
Appellant :- Ram Kishan
Respondent :- State Of U.P.
Counsel for Appellant :- Ghan Shyam Das,Abhilasha Singh,Ashutosh Yadav,Shyam Lal
Counsel for Respondent :- Govt.Advocate
Along with
Case :- CRIMINAL APPEAL No. - 5480 of 2015
Appellant :- Ram Kumar @ Ramu
Respondent :- State Of U.P.
Counsel for Appellant :- Ghan Shyam Das
Counsel for Respondent :- Govt.Advocate
Along with
Case :- CRIMINAL APPEAL No. - 2448 of 2016
Appellant :- Vakeel
Respondent :- State Of U.P.
Counsel for Appellant :- Pradeep Kumar Rai
Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J.
Hon'ble Bachchoo Lal,J.
Ref: Cr. Misc. Bail Application No.304080 of 2014, Cr. Misc. Bail Application No.75702 of 2015 Cr. Misc. Bail Application No.146384 of 2016 in above noted appeals, respectively.
Counter affidavit has been filed by learned A.G.A. in connected Cr. Appeal No. 2448 of 2016 be taken on record.
The bail prayer of the aforesaid appellants are being heard together and decided by a common order.
Heard Sri Shyam Lal, Sri Ghan Shyam Das, holding brief of Sri Pradeep Kumar Rai, learned counsel for the appellants and learned AGA for the State on the bail prayer of the appellants who are convicted in S.T. No.431 of 2013 arising out of Crime No. 1819 of 2012, under Section 302 I.P.C. Police Station Loni District Ghaziabad and sentenced them to undergo life imprisonment with fine.
According to the prosecution story, the alleged incident is said to have been occurred on 11.11.2012 at 7.00 p.m. and the first information report was lodged on the very same day at about 8.45 p.m. According to first information report, on 11.11.2012 at 7.00 p.m. informant Ashvini along with his father Vinod Kumar @ Babloo Gurjar (deceased) and uncle Sri Devendra Singh had gone to purchase medicine from Aman Medical Store Balrampur. When they were purchasing the medicine, the accused persons Ram Kishan and Sita Ram on one motorcycle and accused Ram Kumar @ Ramu and Vakeel came on another motorcycle at the spot carrying fire arms in their hands and made indiscriminate firing on the deceased causing his death on the spot. On hearing the sound of firing, people gathered on the spot upon which the accused fled away from there. Thereafter, the deceased was taken to hospital where he was declared dead. Learned counsel for the appellants further submitted that in the F.I.R. it was alleged that the alleged crime was committed in pursuance of the conspiracy hatched by Gyanendra @ Gyani, Bhim and Subodh, who at the relevant time were languishing in the jail.
Learned counsel for the appellants further submitted that in the year 2011 Bhim, Gyanendra and Subodh had committed murder of one Vijendra, uncle of the deceased. In that case the deceased was doing pairvi on account of which they were inimical to him and consequently the present appellants committed murder of the deceased.
Learned counsel for the appellants further submitted that the appellants are innocent and they have falsely been implicated in the present case; no recovery has been made from the appellants Ram Kishan and Ram Kumar @ Ramu. It has further been submitted that D.W.-1 Kamran who happened to be the brother of the owner of the said medical store, in his testimony has stated that two miscreants had fired one shot each upon the deceased and fled away from the spot. According to him, shots were fired by some unknown persons. The D.W.-1 in his testimony further stated that he was well known to the accused persons and they had not fired upon the deceased.
Learned counsel for the appellants further submitted that according to the ballistic examination report, the cartridges recovered from the spot were not fired with the pistol of appellant Vakeel. It has further been submitted that the dead body of the deceased was brought to the hospital by Rajendra and not by the informant. Learned counsel for the appellant placed reliance on the testimony of Ram Kumar @ Ramu in support of his contention.
It was further submitted that the evidence of the witnesses of fact is not believable. The false allegation has been made against the appellants. There is criminal history of the appellant Ram Kishan under Section 302 I.P.C. in which he has already been acquitted in the year 2015. There is no likelihood of early hearing of the appeal in near future.
Per contra, learned AGA opposed the prayer for bail and supported the trial court's judgment. Learned A.G.A. argued that FSL examination report shows that the country made pistol of 32 bore recovered from the possession of Sitaram has been used in commission of murder of the deceased. Learned A.G.A further submitted that D.Ws. 1 and 2 have been set up by the defence. In fact, both the of them were not present on the spot. It has further been submitted that D.W.-1 Kamraj was not the owner of the said medical store. According to him, two accused person one by one had fired on the deceased. Whereas according to postmortem report six fire arm wounds had been suffered by the deceased. Learned A.G.A further contended that accused Ram Kumar @ Ramu has stated that on 11.11.2012 he was present in Laxmi Nagar Mall at 7.30 p.m. and had reached there at 6.30 p.m., whereas on the other hand, in his examination -in-chief, he has stated that he came back to his house from office at 7.00 p.m. on 11.11.2012. As such there is material contradiction in his statements. In this regard, the trial court has recorded a categorical finding. It has further been submitted that accused have failed to establish that informant had motive to implicate the appellants in this case. It was further submitted that the appellants have failed to point out any inconsistency or material contradiction in the evidence of the witnesses of fact. Learned A.G.A. has lastly argued that appellant Ram Kishan has misused the liberty of bail and during pendency of trial, he committed murder of deceased.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, we are of the opinion that the appellants Ram Kishan, Ram Kumar @ Ramu and Vakeel have not made out a case for bail.
Accordingly, the prayer for bail of appellants is declined and bail applications are hereby rejected.
Office is directed to prepare paper books and list for hearing at an early date.
Let a copy of this order be placed on the record of the connected Criminal Appeals.
Order Date :- 9.5.2018/Gss
