The heinousness of the offense, evidence available on record, and the accused-applicants' criminal history were central to the court's decision in rejecting the bail applications.

JUDGMENT :

Dinesh Kumar Singh, J.

1. Since the First Information Report and the incident are the same in all the four aforesaid bail applications and, therefore, they are being heard and decided by a common order.

2. These four applications under Section 439 Cr.P.C. have been filed seeking bail in Case Crime No.728 of 2018, under Sections 147, 148, 149, 307, 302, 504 IPC, Section 7 Criminal law Amendment Act and Section 27 Arms Act, Police Station Bachhrawan, District Raebareli.

3. Facts of the case in brief are that the complainant, father of the deceased, lodged the First Information report on 20.11.2018 at 10.45 AM against accused-applicants and two other unknown persons. As per the allegations in the FIR, the complainant, his sons, Rinku Singh (deceased) and Ritesh Singh, his nephews, Mrityunjay Singh and Rananjay Singh and his cousin, Suresh Singh in the morning of the date of the incident i.e. 20.11.2018 went to Bhaureshwar Temple to have Darshan and Puja etc. After having Darshan in the Temple, when they came out of the Temple and were standing near the flower shop of Ram Chandra Goswami at around 7.45 AM, at that time, named accused, including the accused-applicants, and two unknown persons armed with fire arms came there and Dharmendra Kumar Mishra @ Pappu Mishra exhorted the others to kill the complainant and his other family members. He said that no one should go alive. On this, all the accused started firing on the complainant side. Rinku Singh received fire arm injuries. However, the other persons could save themselves as they could hid under the tables etc. It was also said that the accused fled from the place of occurrence in Ertiga Car of Dharmendra Kumar Mishra @ Pappu Mishra and on motorcycles having number UP32 ZR 9365, UP32 K 7415 and UP33 BA 3251. The information was given on dial 100. Because of the incident, devotees and the shop owners went helter skelter. The deceased, Rinku Singh was taken to the Trauma Center, Lucknow, where he died. After Rinku Singh died, a complaint was given and the FIR was lodged.

4. Post-mortem report of the deceased would disclose the following ante-mortem injuries on his body:-

“1. A fire arm entry wound of size 1.5 cm x 1 cm x brain cavity deep present on left side of forehead which is 3 cm from medial side of left eyebrow and 6 cm from nose in margin of wound in inverted and irregular, collar of abrasion present around the wound, blackening and tattooing present around wound.

2. A fire arm wound of size 1 cm x 1 cm x brain cavity present just above the medial inner canthus of left eye which is 1 cm below medial end of left eyebrow over margin of wound is inverted and irregular collar of abrasion present around the wound, blackening tattooing present around wound.

3. A fire arm entry wound of size 1 cm x 1 cm x chest cavity deep present on left side of chest which is 6.5 cm medial left nipple and 8 cm below on supra sternal notech, margin of wound in inverted and irregular collar of abrasion present around wound, blackening and tattooing present around wound.

4. A fire arm entry wound of size .5 cm x .5 cm present on left side of back which 4 cm medial to mid inter line and 9 cm from interior angle of left scapula margin of wound inverted and irregular, blackening and tattooing present around wound, collar of abrasion present around.

5. A fire arm crust would of size 1 cm x 1 cm present left chest wall which is 10 cm medial to left nipple and 8 cm from suprasternal notech and 3.5 cm from injury no.3 margin is averted.

Injury nos.4 and 5 correspond to each other on section cutting and probing right wing with pleura, heart with roncardium lacerated about 2 clotted and fluid blood present in chest cavity, brain cavity, fracture frontal bone left frontal and left temporal.”

5. Cause of death was shock and hemorrhage due to ante-mortem injuries.

Criminal Misc. Bail Application No.6982 of 2019

6. Heard Sri Salil Kumar Srivastava, learned counsel for the accused-applicant as well a