NAR NARAIN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicant Nar Narain Pandey alias Nanhey by the applicant Nar Narain Pandey alias Nanhey with a prayer that he may be released on bail in case crime no. 69 of 2010 under section 302 I.P.C. P.S. Gopiganj district Sant Ravidas Nagar(Bhadohi).

(2.) THE facts of the case, in brief, are that the F.I.R. has been lodged by Satish Kumar Dubey on 6.3.2010 at 00.10 a.m. at P.S. Gopiganj in respect of the alleged incident occurred on 5.3.2010 at 7.45 p.m., distance of the police station was bout 5 km from the alleged place of occurrence, the applicant and the co-accused Bridhi Narain Pandey alias Jajjey Pandey are named in the F.I.R. as accused, one accused is unknown. It is alleged that the first informant along with his family members was residing in the commercial premises known as Tulsi Chitra Mandir, Gopiganj. On 5.3.2010 at about 6 p.m. the first informant along with his nephew Anil Kumar alias Guddu and Umesh Kumar Shukla were ready to go to Allahabad to attend a birth day party then the applicant and co-accused Bridhi Narian Pandey alias Jajjey came there on a bullet motorcycle who exchanged the hot talks with his nephew deceased Anil Kumar Dubey, they were demanding Gunda Tax/ Rangdari, in the meantime, they got an opportunity to put the deceased Anil Kumar Dubey in his Maruti Zen Car No. U.P. 60A 2442 by availing the same they proceeded towards Mirzapur Road, the above mentioned car was chased by the first informant Umesh Kumar Shukla and Balram Pandey by boarding themselves in Tata Sumo vehicle, the above mentioned Maruti Zen car was seen by them in front of the newly constructed house/workshop where it was parked. The first informant along with other persons reached there and saw inside the house that the applicant and one unknown person, were catching hold the deceased, thereafter, the accused Bridhi Narian Pandey alias Jajjey Pandey caused gun shot injury on the temporal region of the deceased at about 7.45 p.m. consequently the deceased died instantaneously.

(3.) HEARD Sri G.S.Chaturvedi, Senior Advocate assisted by Sri Ronak Chaturvedi, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Viresh Mishra, senior Advocate, assisted by Sri B.R.J. Pandey, learned counsel for the complainant. It is contended by the learned counsel for the applicant :