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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 ..... ters. It is further evident that during the course of investigation, notice was issued to the applicant and he appeared before the Investigating Officer. It is also evident that the charge sheet has already been filed. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. Let applicant - Ashish Mishra @ Monu be released on bail on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to conditions imposed - application allowed. - Hon'ble Rajeev Singh, J. For the Applicant :- Brij Mohan Sahai, Prabhu Ranjan Tripathi, Salil Kumar Srivastava. For the Opposite Party :- G.A., Shanshank Singh. ORDER HON'BLE RAJEEV SINGH,J. 1. The Court convened through video conferencing. 2. Heard Shri Gopal Chaturvedi, learned Senior Counsel assisted by Ms. Saumya Chaturvedi, Salil Kumar Srivastava and B.M. Sahai, learned counsel for the applicant, Shri V.K. Shahi, learned Additional Advocate General assisted by Shri Prachish Pandey, learned A.G.A. for the State and Shri Shashank Singh, learned counsel for the complainant. 3. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ister Mr. Keshav Prasad Maurya was the Chief Guest. Learned counsel for the applicant has submitted that in the name of farmers, some leaders of opposition parties, in association with anti social elements, decided to protest the visit of the Chief Guest in village Banveerpur on the ground that in the past, father of the applicant, namely, Ajay Mishra Teny , who is holding the post of State Home Minister, Government of India made some statement on the protest of the farmers in relation to some Agricultural Laws. Shri Chaturvedi further submitted that as per the decided schedule, the helicopter of the Chief Guest was to be landed at Maharaja Agrasen Play Ground Helipad, Tikuniya and thereafter, he had to go to the place of wrestling competition by road. However, without any permission, a number of protesters, who were armed with lathi and sword, gathered there along with notorious persons and encroached the entire area. 7. Submission of the learned counsel for the applicant is that incorrect description of the incident is given in the F.I.R. and as a matter of fact, three persons including the driver of the vehicle of the applicant were killed by the protesters and no such incid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of disposal of his bail application before the court below, incorrect facts were placed by the prosecution that the applicant is having criminal antecedent of two cases. However, the applicant was implicated in one case, i.e., Case Crime No. 92 of 2005, under Sections 147, 323, 504, 506, 452 I.P.C., P.S. Tikuniya, District Kheri, in which, he has been acquitted by the trial court vide judgment and order dated 24.03.2018 passed in Criminal Case No. 1497 of 2017 (State Vs. Ashish Mishra @ Monu). (Copy of the judgment is annexed as Annexure No. 3 with the bail application). The applicant has no knowledge about the another case. Shri Chaturvedi emphasised that though as per the prosecution case itself, after the said incident, the applicant run away by making fires, but admittedly there is no such fire injury on any person. Learned counsel for the applicant vehemently submitted that the protesters brutally killed three persons, namely, Hariom Mishra, Shubham Mishra and Shyam Sunder, those were in the Thar vehicle. Learned counsel for the applicant next submitted that as per the admitted case of the prosecution, the vehicle was being driven by Hariom Mishra and the applicant was sitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ound that vehicles are reaching on the spot. It is, thus, submitted that the applicant is not entitled for bail. 12. Shri Shashank Singh, learned counsel for the complainant, while supporting the arguments of the learned A.A.G., submitted that the applicant deliberately came to the place of protesters with the vehicle only with the intention to give lesson to them as due to their protest at the helipad, District Administration was compelled to change the route of the Chief Guest. Learned counsel for the complainant vehemently submitted that the weapons of the accused persons were also sent to the FSL, in which, it was found that weapons were used. He lastly submitted that in the incident, involvement of 17 persons was found along with the applicant, out of which, three persons, namely, Hariom Mishra, Subham Mishra and Shyam Sunder were killed by the crowd of the protesters and after detail investigation, charge sheet has been submitted against rest of the 14 persons including the applicant. It is, thus, submitted that the bail application is liable to be rejected. 13. I have considered the arguments advanced by the learned counsel for the applicant, learned A.A.G. for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide of the road and another Fortuner vehicle, which was following the Thar vehicle also stopped, as one bus was parked over there. Thereafter, applicant run away by making fire. 16. However, from the inquest report as well as injury report of the injured persons, it is evident that no fire arm injury was found on anyone, rather the post mortem report as well as injury report clearly reveal that it is a case of accident by hitting with the vehicle. Moreover, it is highly surprising that in the site plan prepared by the Investigating Officer, the place where the bus was standing, is not shown. 17. During the course of investigation, statements of doctors, who conducted the post mortem of the deceased, Lavpreet, Gurvinder Singh, Nakshatra Singh and Raman Kashyap were recorded. On being asked the specific question by the Investigating Officer that whether any firearm injury was found on the body of the deceased persons, the doctors denied. The doctors stated that the injuries found on the body of the deceased persons could be caused by hitting from the vehicle. Statements of Dr. K.K. Ranjan recorded under Section 161 Cr.P.C., who conducted the autopsy of the body of Lavpreet Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The said conclusion was drawn by the Investigating Officer on the basis of video clip aired by the protesters themselves in relation to the incident, in which, several persons were found beating Shubham Mishra, Hariom Mishra and Shyam Sunder (deceased), out of which, four persons have been identified and charge sheet has been prepared against them, namely, Kulvinder Singh, Karamjeet, Gurpreet Singh and Vichitra Singh. However, rest of the persons could not be identified by the Investigating Officer. It is expected from the Organisers of the protest to assist in the investigation and provide the details of the rest of the accused persons, whose involvement are found in the video clip as well as photographs collected by the police during the course of investigation. 25. Considering the facts and circumstances of the case in toto, it is evident that as per the F.I.R., role of firing was assigned to the applicant for killing the protesters, but during the course of investigation, no such firearm injuries were found either on the body of any of the deceased or on the body of any injured person. Thereafter, the prosecution alleged that the applicant provoked the driver of the vehi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olitical benefits, call innocent persons, without due permission under law. In the present case, though the order under Section 144 Cr.P.C. was operating, thousands of persons from different districts, even from other States gathered at one place, which was very well within the knowledge of the District Administration, as is evident from the statement of its officials, but neither any preventive action was taken nor any action against the organisers had been taken. Section 30(3) of the Police Act, 1861 provides that the permission is required for any assembly or procession on the public road. As per the provisions of Section 31 of the Police Act, 1861, it is the duty of the police to keep order on the public road and in public streets. Section 30 as well as Section 31 of the Police Act are being reproduced hereunder: 30-A. Powers with regard to assemblies and processions violating conditions of licence (1) Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or Inspector of Police or any Police Officer-In-charge of a station may stop any procession which violates the conditions of a licence granted under the last goregoing s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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