ABHISHEK SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Rajan Srivastava, learned counsel for the applicant, Sri Ankur Sharma, learned counsel for the first informant, Ms. Manju Thakur, learned A.G.A. for the State and perused the material on record.

(2.) This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Abhishek Sharma @ Chanchal Pandit seeking enlargement on bail during trial in connection with Case Crime No.272 of 2019, under Sections 147, 148, 302, 34 IPC, registered at P.S. Sasanigate, District- Aligarh.

(3.) Learned Senior Counsel argued that the first information report in the present matter was got registered by Smt. Lily Sharma on 17.6.2019 at about 02:06 a.m. for an occurrence alleged to have taken place on 16.6.2019 at 10:00 p.m. regarding the murder of her husband Saurabh Sharma reciting therein that there was a dispute going on between her husband Saurabh Sharma and his family members namely Abhishek Sharma/the present applicant, Asim Sharma/the brother of the deceased and Chandra Shekhar Sharma/the father of the deceased in regard to the partition of a factory which was being refused to be shared with her husband by the accused persons and there had been some scuffle between them on some previous occasions. It is then stated by her that on 16.6.2019 in from of their house in Peepal Wali Gali, Jaiganj, Aligarh a fight took place between the accused persons wherein she names five accused persons including the applicant who are Abhishek Sharma (the brother of the deceased and the present applicant), Asim Sharma (the brother of the deceased), Dimple Saxena @ Gaurav (a neighbour), Dushyant Sharma @ Kaka (Chacha of the deceased) and Chandra Shekhar Sharma (father of the deceased) in the first information report and it is further alleged therein that all accused persons caught hold of her husband and made him to fall down on the ground on which the applicant Abhishek Sharma assaulted him with a rod of a fan on his head as a result of which he received injuries. It is further alleged that there was a lot of bleeding at the said place. It is further stated that her husband was taken to Medical College, Aligarh by persons of the locality but he succumbed to the injuries. It is thus concluded that all the named accused persons have murdered her husband.