(1.) Heard Sri Satyendra Narayan Singh, Sri P.N.Tripathi, Sri Muktesh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State of U.P., Ms. Anju Pandey, learned counsel for the complainant.
(2.) This bail application has been moved by the applicant Khunni @ Ram Prasad with a prayer that he may be released on bail in Case Crime No. 202 of 2011 under sections 302, 120-B I.P.C. and 7 Criminal Law Amendment Act and 27 Arms Act, Police Station Vindhyachal, District Mirzapur.
(3.) The facts, in brief, of this case are that the FIR has been lodged by Smt. Sheela Devi on 25.4.2011 at 1.00 A.M. in respect of the incident allegedly occurred on 25.4.2011 at about 00.30 A.M.in which co-accused Sangam, Pudhhi Pasi, Sanjay Dube @ Panda are named as accused and one accused was unknown. It is alleged that in the night of 24/25.5.2011 at about 12.30 O'clock on account of old enmity the accused persons came to the house of the first informant and committed the murder of the husband, father- in -law and son of the first informant. It was specifically alleged that the husband of the first informant was killed by co-accused Sangam, father in law of the first informant was killed by co-accused Puddhi and son of the informant was killed by co-accused Sanjay. The accused persons were inquiring about Ram Bali, the dewar of the first informant for the purpose of committing his murder, it was replied by first informant that he was not present at the house, on firing and shouting, Ram Bali, the Dewar of the first informant, also came from the room where he was sleeping. The deceased Chulbul Maurya had sustained two gun shot wounds of entry, the deceased Nagendra Maurya had sustained one fire arm wound of entry having its exit2 wound and the deceased Brij Lal Maurya had sustained two fire arm wounds of entry. The applicant applied for bail before the learned Sessions Judge, Mirzapur, who rejected the same on 30.5.2011.