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TMI Blog2022 (2) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... ehicle 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, app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding on both sides of the road, due to which, the vehicles overturned into the ditch aside the road. It has further been submitted that one F.I.R. No. 220 of 2021, under Sections 143, 147, 148, 149, 323, 324, 336, 302, 109 I.P.C., P.S. Tikuniya, District Kheri was also lodged by Sumit Jaiswal with the allegation that on 3rd October, 2021, a wrestling competition was scheduled in the village of State Home Minister, Government of India, Ajay Mishra 'Teny', in which, Deputy Chief Minister Mr. Keshav Prasad Maurya, Government of U.P. had to arrive there as Chief Guest. It is further alleged in the F.I.R. that the informant along with others went to receive the Chief Guest. The informant was in the Thar vehicle, which was being driven by Hariom Mishra. However, in the way, the protesters attacked on the vehicles, in which, the driver of the Thar vehicle, namely, Hariom Mishra received head injury and he stopped the vehicle on the side of the road. Thereafter, the driver was dragged from the vehicle by the protesters. Informant-Sumit Jaiswal and others tried to run away from there to save their lives and succeeded, but Hariom Mishra and two others were caught by the protesters and la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, he is enlarged on bail. 10. Learned A.A.G. as well as learned counsel for the complainant vehemently opposed the prayer of the applicant. 11. Shri V.K. Shahi, learned A.A.G. relying on the contents of the counter affidavit, submitted that under the direction of the Hon'ble Supreme Court passed in Writ Petition (Criminal) No. 426 of 2021, investigation of the case in question as well as F.I.R. No. 220 of 2021 was conducted by the SIT under the monitoring of Justice (Retd.) Rakesh Kumar Jain, Hon'ble Judge, Punjab & Haryana High Court and supervised by S.B. Shiradkar ADG, Intelligence Headquarter, Nanded, Maharashtra with the members (1) Ms. Padmja Chauhan IG, IPS, (2) Dr. Preetinder Singh, DIG, IPS. Learned A.A.G. further submitted that in the said incident, by the vehicle of the applicant and his followers, protesters were dashed and following five persons, namely, Nakshatra Singh, Daljeet Singh, Lavpreet Singh, Gurvinder Singh and Raman Kashyap died and 13 other persons received injuries. Learned A.A.G. also submitted that all the injured persons were interrogated during the course of investigation and their statements were recorded under Section 161 Cr.P.C. The statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and the Deputy Chief Minister, Mr. Keshav Prasad Maurya was the Chief Guest of the said competition. It is further evident from the record that a public notice was published by Harnam Singh Verma, D.P. Singh, Tajinder Singh Virk, Guramneet Singh Mangat, Pinder Singh Siddhu, Richa Singh, Pushpraj Yadav and Pawan Kashyap inviting the farmers of District Kheri and nearby districts, including Sitapur, Saharanpur, Bareilly, Bahraich to reach at Agrasen Play Ground, Tikuniya, District Kheri on 3rd October, 2021 for showing black flag in the protest of the statement of State Home Minister, Government of India, Mr. Ajay Mishra 'Teny' against the farmers. It is also evident from the statements of the witnesses recorded under Section 161 Cr.P.C. that about thousands of protesters gathered at the fixed place around the helipad covering both sides of the road. Due to the said gathering of the protesters, District Administration changed the route of the Chief Guest and decided not to get the helicopter of the Chief Guest landed at the helipad at Agrasen Play Ground, Tikuniya. As per the prosecution case, applicant along with 15-20 persons armed with firearm weapons etc., reached on the spot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 161 Cr.P.C. or recorded under Section 164 Cr.P.C., is that the applicant was sitting in the Thar vehicle and he was saying to his driver to hit the protesters. Further, it is the admitted case of the prosecution in the statements of the witnesses that thousands of protesters were present at the place of incident and they were standing on both sides of the road, which was 12 ft. widen, after which, there was 5 ft. kachhi road and thereafter ditch was there on both sides of the road. One of the witness, namely, Baljinder Singh Makad, whose statement was also recorded during the course of investigation, has stated that at the place of incident, about 10-15 thousand protesters were present and they were having arrangement of cooking of food, and the protest was being regulated by announcements on loudspeakers. 23. Indubitably, no firearm injury has been found on the body of the deceased or any other person, except the injury of the hitting from the vehicle. Furthermore, in case, the story of the prosecution is accepted, thousands of protesters gathered at the place of incident and there might be a possibility that the driver tried to speed up the vehicle to save himself, on accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be released on bail. 26. Let applicant - Ashish Mishra @ Monu be released on bail 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, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. (4) Applicant shall not leave the State without permission of the court concerned. (5) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested id ..... X X X X Extracts X X X X X X X X Extracts X X X X
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