JUDGMENT :

1. The Court convened through video conferencing.

2. Heard Shri Gopal Chaturvedi, learned Senior Counsel assisted by Ms. Saumya Chaturvedi, Salil Kumar Srivastava and B.M. Sahai, learned counsel for the applicant, Shri V.K. Shahi, learned Additional Advocate General assisted by Shri Prachish Pandey, learned A.G.A. for the State and Shri Shashank Singh, learned counsel for the complainant.

3. The present bail application has been filed by the applicant in F.I.R. No. 219 of 2021, under Sections 147 , 148, 149, 307, 326, 427/34 I.P.C., Section 30 of ARMS ACT and Section 177 of M.V. Act, Police Station Tikuniya, District Lakhimpur Kheri with the prayer to enlarge him on bail.

4. As per the prosecution case, the applicant, who was in his Thar Mahindra vehicle followed by two other vehicles, came to the place of incident in high speed and killed the farmers by making indiscriminate firing.

5. On the written complaint of Jagjeet Singh s/o Hari Singh, the F.I.R. was lodged with the allegation that on 3rd October, 2021, farmers and labours of the local area were protesting peacefully at Agrasen Inter College Play Ground, Tikuniya, Kheri for showing the black flag to State Home Minister, Government of India, Mr. Ajay Mishra ‘Teny’ and Deputy Chief Minister Mr. Keshav Prasad Maurya, Government of U.P. It is further alleged in the F.I.R. that at about 3 p.m., applicant reached on the spot with 3-4 vehicle (four wheelers) along with 15-20 unknown persons armed with weapons. The applicant, who was sitting on the left side in the Thar Mahindra vehicle, started firing and the vehicle, which was moving ahead in high speed, crushed the crowd. Further allegation made in the F.I.R. is that due to fire arm injury, one Gurvinder Singh s/o Sukhvinder Singh died on the spot. Thereafter, the two vehicles including the vehicle of applicant overturned in the side ditch of the road, as a result, some pedestrians also received injuries. Thereafter, applicant run away from the spot by taking the cover of his firing. In the said incident, four farmers died, namely, Gurvinder Singh s/o Sukhvinder Singh r/o Motronia, Nanpara, Daljeet Singh s/o Hari Singh r/o Village Banjara Tanda, Nanpara, Nakshatra Singh s/o Sukkha Singh r/o Village Nandapurva Dhaurahara, Tehsil Khiri and Lavpreet Singh s/o Satnam Singh r/o Chaukhadafarm Palia Kalan, Kheri.

6. Shri Gopal Chaturvedi, learned Senior Counsel for the applicant submitted that applicant has falsely been implicated in the present case. It has further been submitted that in the ancestral village of the applicant, i.e., Banveerpur, a wrestling competition was being organised since long back and in the same tradition, on 3rd October, 2021, a wrestling competition was scheduled with a public meeting, in which, Hon’ble Deputy Chief Minister Mr. Keshav Prasad Maurya was the Chief Guest. Learned counsel for the applicant has submitted that in the name of farmers, some leaders of opposition parties, in association with anti social elements, decided to protest the visit of the Chief Guest in village Banveerpur on the ground that in the past, father of the applicant, namely, Ajay Mishra ‘Teny’, who is holding the post of State Home Minister, Government of India made some statement on the protest of the farmers in relation to some Agricultural Laws. Shri Chaturvedi further submitted that as per the decided schedule, the helicopter of the Chief Guest was to be landed at Maharaja Agrasen Play Ground Helipad, Tikuniya and thereafter, he had to go to the place of wrestling competition by road. However, without any perm