JUDGMENT :

1. Heard Sri G.S. Chaturvedi, learned Senior Counsel, connected through Video Conferencing, assisted by Sri Salil Kumar Srivastava, Sri B.M. Sahai, Sri Prabhu Ranjan Tripathi and Sri Rahul Srivastava, learned Advocates for the applicant and Sri Amarjeet Singh Rakhra, learned counsel assisted by Sri Shashank Singh, Sri Vivek Rai and Ms. Anumita Chandra, learned Advocates appearing for one of the victims, Jagjeet Singh as well as Sri Vinod Kumar Shahi, learned Additional Advocate General, assisted by Sri Prachish Pandey, learned AGA for the State.

2. Applicant seeks bail in Case Crime No. 219 of 2021, under Sections 147, 148, 149, 307, 326, 427, 34, 302, 120-B IPC, Section 30 Arms Act, 1959 and Section 177 Motor Vehicles Act, 1988, Police Station Tikuniya, District Lakhimpur Kheri, during the pendency of trial.

3. The counter affidavits filed on behalf of the victim as well as the State and the rejoinder affidavits are already on record. The written submissions filed by the parties at the conclusion of arguments are also taken on record.

4. For the sake of brevity, the prosecution story is not being repeated here, as the same is already discussed in earlier orders.

RIVAL CONTENTIONS :

ARGUMENTS ON BEHALF OF THE APPLICANT:

5. Sri Gopal Chaturvedi, learned Senior Counsel has submitted that applicant has been falsely implicated in present case. He has further submitted that in the ancestral village of applicant i.e. Banveerpur, a traditional wrestling competition is organized annually. As such on 3.10.2021, a public meeting was also organized in the wrestling competition, in which the Deputy Chief Minister, Mr. Keshav Prasad Maurya, was the Chief Guest. Learned Senior Counsel has categorically stated that in the name of farmers, some leaders of the opposition parties, in association with anti-social elements, decided to protest the visit of the Chief Guest in village, Banveerpur, against a statement made by the father of applicant, namely, Ajay Mishra "Teny", regarding protest of the farmers in relation to the three Agricultural Laws. It is stated that the helicopter of the Chief Guest was to be landed at Maharaja Agrasen Play Ground Helipad, Tikuniya and thereafter, the Chief Guest had to proceed by road to the place of wrestling competition. However, without any permission, a number of protesters, who were armed with lathis, swords etc., gathered there along with notorious persons and encroached the entire area and even dug up the helipad, making it impossible to land the helicopter there. He has further stated that the description of the incident as narrated in the F.I.R. is false, rather three persons including the driver of the vehicle of applicant were killed by the protesters and no such incident, as alleged in the F.I.R., had taken place.

6. Learned Senior Counsel has further submitted that on being chased by the protesters, the driver of the vehicle tried to run away from there in order to save himself as well as the applicant, but since the road, which was only 12 ft. wide, and on which, admittedly (in the F.IR. itself) the protesters were standing on both sides of the road, the vehicle overturned and fell into the ditch on the side of the road. He has next submitted that one F.I.R. No. 220 of 2021, u/s 143, 147, 148, 149, 323, 324, 336, 302, 109 I.P.C., P.S. Tikuniya, District Kheri, was also lodged by one Sumit Jaiswal stating therein that on 3.10.2021, a wrestling competition was scheduled to be held at the village of Ajay Mishra "Teny", in which Deputy Chief Minister, Mr. Keshav Prasad Maurya, Government of U.P. was the Chief Guest. It is alleged in the F.I.R. that the informant, along with other persons, went to receive the Chief Guest. The informant was in the Thar vehicle, which was being driven by one Hari Om Mishra. However, on the way, the protesters attacked the vehicles, in which the driver of the Thar vehicle, namely, Hari Om Mishra received head injury and he stopped the vehicle on the side of the road. T