ORDER

This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail relating to FIR No.158/2023 dated 31.07.2023 registered at Police Station -

Bijawar District Chhatarpur (M.P.) for commission of offence under Sections 294,336,307,302 of IPC and section 25/27 of Arms Act. Applicant is in detention since 10.10.2023.

Applicant's first bail application was dismissed as withdrawn and not pressed vide order dated 29.01.2024 passed in M.Cr.C.No.563/2024.

2. As per prosecution case, on 31.07.2023, Farid Khan lodged an F.I.R alleging that a civil suit about land of Imambada was pending before the court in the suit Mangu Mirza Beg, Farid Beg, Imtiyaz Beg and Kankan Beg were from the opponent side. A fortnight ago, civil court passed judgment in their favour. After loosing in the civil suit, they threatened him, his brother Kallu and Raju to do death. It is alleged that on 31.07.2023, at around 2 P.M., after offering prayer, he alongwith his brother Amjad @ Kallu and other residents of Mohalla was standing at Imambada ground. In the meantime, Mangu Mirza @ Maqbool Beg and Nafees Beg started to abuse them and also started throwing stones from their roof top. When Raju Khan, Chhote Khan, Smt Firdos Khan, Kallu Khan and Shiekh Mustkeen raised the sound, his cousin Mohd. Ramiz @ Battu, Mohd. Mohsin and neighbours Mohd. Akeel Khan and Irshad Khan reached there. The present applicant started to say today we have to lay the dead bodies of these persons. In the meantime, Imtiyaz Beg armed with 12 bore double barrel gun reached there, applicant Mangu Mirza Beg also brought a gun. He handed over that gun to Imtiyaz Beg. Imtiyaz Beg who was already having 12 bore double barrel gun, handed over the same to Anees Beg @ Anna. Thereafter, Imtiyaz Beg fired shots from the gun causing injuries to Chhote Khan, Raju Khan, Smt.

Firdos and Smt. Rabbo Khan. Afsar Beg armed with 315 bore country made pistol reached there and also fired shots. Imtiyaz Beg fired a gun shot causing injury in the neck of his brother Amjad @ Kallu Khan after sustaining gun shot injury he fell down on the spot. Thereafter, all accused fled away from the spot. They took Amzad @ Kallu khan to the hospital where he was declared brought dead. Five persons have sustained gun shot injuries.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is submitted that the only allegation against him is of throwing stones. He neither fired any gun shot nor caused any gun shot injury to anyone. He too has lost his son Dawood who had sustained injuries in the incident. He is 72 years old man. No fire arm has been seized from his possession. Therefore, it is prayed that applicant may be released on bail.

4. On the other hand, learned counsel for the State as well as learned counsel for the objector have opposed grant of bail.

5. I have gone through the material on record. In fact, the present applicant is the person who started the entire fulcrum. Considering his active participation in commission of the offence, handing over the gun to the co-

accused, gravity of offence and other facts and circumstances of the case, I am of the view that no case for grant of bail is made out. Consequently, this second bail application too filed on behalf of applicant- Makbool Beg is dismissed.

(DINESH KUMAR PALIWAL) JUDGE MKL