LOKESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by learned Single Judge of the Allahabad High Court, Lucknow Bench granting bail to the respondent No.2 who is an accused in Case Crime No.178 of 2006, Police Station-Ashiyana, District Lucknow. The accused persons faced trial for alleged commission of offences punishable under Sections 302 and 120 B of the Indian Penal Code, 1860 (in short the 'IPC').

(3.) As per the prosecution version Virendra Singh lodged information at the police station that on 21.9.2006 at about 10 A.M. when his younger brother Chandra Pal Singh (hereinafter referred to as the 'deceased'), Manager of Lucknow Public School had arrived on the gate of the college, some unknown persons had shot him by making indiscriminating firing and then he was taken to the hospital. The doctors declared that he had been brought dead. During investigation it was found that the respondent No.2 and another person named S.B. Singh had entered into criminal conspiracy to commit murder of the deceased and said S.B. Singh had arranged two shooters Ranvir Singh and Anant Kumar Verma who caused the death of the deceased. In order to show the complicity of respondent No.2 reference was made to the statement of one Munna Katiyar who claimed to have overheard the conversations of respondent No.2 and S.B. Singh before the incident relating to the plan to murder of the deceased. This was disclosed to the investigating officer on 9.12.2006. The police acted upon the information and transpired that the amount fixed for doing the killing (in common parlance known as 'supari amount') was Rs.10 lakhs and a sum of Rs.5,87,000/- was paid to S.B. Singh through demand draft under a camouflage as if the payment was being made towards consideration of purchase of construction materials as S. B. Singh happens to be the proprietor of the concern dealing with the sale and purchase of construction materials. It was pointed out by the prosecution that the phone records clearly indicated a link between the respondent No.2 and the killers. It was also pointed out that the document which was produced to show that the payment was made for purchase of construction materials was fake. Prayer for bail was rejected by order dated 7.2.2007 by learned Sessions Judge, (in charge) Lucknow. An application was filed before the High Court. By the impugned order High Court granted bail to the respondent No.2.