- (1.)RAVINDRA Singh, J. This bail application has been filed by the applicant Mahipal Singh with a prayer that he may be released on bail in case crime No. 654 of 2005 under Sections 147, 148, 149, 307, 302, 504, 506, IPC, P. S. Kotwali Nagar, District Bulandshar.
(2.)THE facts in brief of this case are that the FIR has been lodged by Smt. Manju Verma on 5-11-2005 at 6. 30 p. m. in respect of the incident which had occurred on 5-11-2005 at about 2. 30 p. m. , the distance of the police station concerned was about one kilometer from the alleged place of occurrence. Ac cording to prosecution version the applicant and six other co-accused are named in FIR. It is alleged that the applicant, co-accused Gajendra Singh and co-ac cused Indrapal had made a murderous assault on 27-9- 2005 upon the family members of the deceased Mukesh in which one Indrapal had sustained injury, due to which the co-accused Gajendra Singh and his sons were having enmity with the deceased and his family members. On 5-11 -2005 the first informant and her husband Mukesh were sitting at the shop of one goldsmith at about 2. 30 p. m. , the co-accused Gajendra Singh, his sons, co-accused Manoj and Chatrapal armed with knife, co-accused Babloo, co-accused Chatrapal, the applicant and co-accused Sonu Sharma @ Somveer armed with country made pistols and revolver entered into the shop of goldsmith, then the co-accused Gajendra Singh caused knife injury at the chest of the deceased and asked the co-accused Babloo for causing the gun shot injury, at his exhortation the co-accused Babloo, the applicant and co-accused Sonu @ Somveer discharged the shot by country made pistols and revolver which caused the injuries on the husband of the first informant namely Mukesh Verma and Mukesh son of Sri Chandra Kishore. THE injured Mukesh son of Sri Chandra Kishore had also come to the shop to pur chase some article. THEreafter the co-accused Manoj, co-accused Chatrapal caused the knife injuries on the person of the deceased, at the shouting of the first informant and Mukesh son of Sri Chandra Kishore the people came at the place of occurrence but at the pistol point the accused successfully escaped from the place of occurrence. THEreafter the deceased and injured Mukesh son of Sri Chandra Kishore were brought to the district hospital from where they were referred to Yashoda Hospital, Ghaziabad where the operation was done, subse quently the husband of the first informant died at Yoshoda hospital on 6-11-2005. According to the post-mortem examination report the deceased had sustained eight ante-mortem injuries which were stitched. THE applicant applied for bail before learned Special Judge (SC/st Act), Bulandshahr, the same was rejected on 23-2-2006.
Heard Sri A. B. L. Gaur, Senior Advocate assisted by Sri Saurabh Gaurand Gaurav Singh, learned Counsel for the applicant and learned A. G: A. for the State of U. P. and Sri Mukhtar Alam, learned Counsel for the complainant.

It is contended by learned Counsel for the applicant that the applicant is innocent, he has not committed the alleged offence. The presence of the first informant at the alleged place of occurrence was highly doubtful, she had not sustained any injury, there is no independent witness to support the prosecution story. It is alleged that applicant and co-accused Babloo, co-accused Sonu @ Somveer caused injuries by country made pistols and revolver whereas the main role of causing the knife injuries on the person of the deceased in assigned to co-accused Gajendra Singh. It is further contended that in the present case the deceased Mukesh Verma did on the next day of the alleged incident but there is no dying declaration of the deceased. In the present case the whole family mem bers of the applicant including the applicant have been falsely implicated. In the present carse seven witnesses have filed their affidavit stating therein that they had not seen the named accused participating in the commission of the alleged offence and prosecuting agency had discharged the witness Deepak, Farooque and Mukesh. It is further contended that the deceased in an injured condition was admitted in the hospital by witness Farooque, who has been discharged under the solitary evidence of first informant Smt. Manjur Verma remained against the applicant who has admitted during the trial that the FIR was registered sometime earlier in the morning of 6-11-2005, which shows that FIR was not lodged on 5-11- 2005 at 6. 30 a. m. The applicant is not having any criminal antecedent.

(3.)IN reply the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that the alleged occurrence had taken place in a broad day light, specific role of causing the injuries is assigned to the applicant. The applicant was having the strong motive to commit the alleged offence be cause prior the alleged incident the murderous assault was made by the appli cant and other co-accused persons in which one INdrapal and sustained injury. The alleged occurrence has been witnessed by independent witnesses, FIR has been promptly lodged. The bail application of co-accused Gajendra Singh and Chatrapaltiave been rejected by another Bench of this Court by a common order dated 1-2-2007 in Criminal Misc. Bail Application No. 10703 of 2006 connected with Criminal Misc. Bail Application No. 15732 of 2006 and the co-accused Sonu @ Somveer whose case is based on the same footing with the case of the appli cant has been rejected by another Bench of this Court on 11-12-2007 in Criminal Misc. Bail Application No. 9947 of 2007 and the trial is in progress, in case the applicant is released on bail, he shall tamper with evidence.
Considering the facts, circumstance of the case, gravity of the offence, submissions made of learned Counsel for the applicant, learned A. GA. and learned Counsel for the complainant and without expressing any opinion on the merit of the case, the applicant is not entitled for bail. The prayer for bail is refused. Accordingly this application is rejected. .