Point of Law: number of injuries found on the dead bodies in the postmortem is in support of FIR version in terms of time and manner (indiscriminate firing) of murder. It also goes to show that the assailants intended to cause death and ensured that much of injuries which must result in death of the deceased persons

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. All the three bail applications have been arising out of same Case Crime Number and are being disposed of by a common order.

2. Heard Sri. Manish Tiwari, learned Senior Advocate assisted by Ms. Archana Hans and Praveen Kumar Pandey, learned counsel for the accused applicants Wasi Ahmad and Sabir, Shri G.S. Chaturvedi, learned Senior Counsel assisted by Sri. Shashank Mishra, learned counsel for the applicant Zaabir Hussain, Shri Satish Trivedi, learned Senior Advocate assisted by Mr. Sheshadri Trivedi, learned counsel for the intervenor, Sri. Sumit Kumar Srivastava, learned counsel for the informant and learned AGA for the State and perused the record.

3. These bail applications have been given by the accused applicants Wasi Ahmad, Sabir and Zaabir Hussain in Criminal Case No. 5100 of 2016, arising out of Case Crime No. 634 of 2015, under Sections 147, 148, 149, 302, 504 IPC, PS - Dhoomanganj, District - Allahabad (Prayagraj).

4. Submission of the learned Senior Advocate/Counsel for the applicants is that the accused applicants are in jail from more than 22 months and charge-sheet has already been filed against the accused applicants and 4 more accused persons under aforesaid sections. Further submission is that, in respect of the incident, informant Abid lodged an FIR making allegation that on 25.09.2015 at 8:30 PM the incident took place and the FIR has been lodged at 9:30 PM on the same date. The accused applicants with other four are named accused persons in the FIR. Out of 7 accused, 3 accused persons have given these bail applications and the others are still absconding. The allegation is that the deceased Alkana and her driver Surjeet were going and Surjeet was driving the Fortuner Car to take her to her village. Accused persons Sabir, Wasi Ahamad, Maqsood Ahamad, Kammu, Jabir, Tauseef and Intekhab Alam came and opened fire by their rifles and killed them. The informant Abid who was going in another car behind the car of the deceased with Asif, Munna and Farhan, stopped and stepped down from his car, concealed themselves in the nearby field and saw the whole incident in the headlights of the car. Hearing the sound of firing, nearby villagers reached there raising their voice, whereupon the accused persons, threatening and firing, escaped from the place. Earlier also they had threatened the deceased with dire consequences. The matter was investigated by police and charge-sheet was submitted on 07.01.2016 on which cognizance was also taken by the court below on 03.05.2016.

5. One Asiya Begam gave application dated 18.06.2016, the IG, UP, finding certain shortcomings in the investigation, issued a letter to SSP, Allahabad indicating certain points which were needed to be further investigated, whereupon, on 21.07.2016, SSP Allahabad directed for further investigation by Crime Branch. During the further investigation, one Julficar @ Tota was arrested who made confessional statement giving details of the incident and from him one pistol was also recovered. After further investigation, charge-sheet dated 16.11.2017 was submitted against accused Akbar alone in which it was mentioned that investigation is continuing. Subsequently on 01.01.2018, an another charge-sheet against Abid, Mazid, Azaz, Javed, Abubakar, Sheru, Munna, Farhan, Aashif, Pappu and Faisal was filed.

6. Submission of the learned Senior counsel is that in the subsequently filed charge-sheet, newly incorporated accused persons such as Azaz Akhtar, Javed, Munne @ Munna, Mazid, Pappu @ Imtiyaz, Abu Bakar, Faisal, Akbar, Sheru, Asif, Julficar @ Tota have been granted bail by the coordinate Benches of this Court and some of the bail orders are enclosed with the bail applications. The learned Senior counsel has submitted that by letter dated 11.12.2015, SSP, Allahabad, in response to a government letter dated 10.11.2015, conveyed no objection and recommended for transfer to and investigation by CBCID indicating that Inspector Mahendr