SWAMI PRASAD YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS bail application has been moved on behalf of the applicant Swami Prasad Yadav, who is involved in case crime No. 1387 of 2009 under Sections 147, 148, 149, 302, 307, 506 Indian Penal Code, P.S. Shri Nagar, District Mahoba.

(2.) THE complainant of this case is one Ram Karan. The alleged incident had taken place on 25.11.2001 at about 2.00 p.m. near Panchayat Bhawan, which is situated in the village Bhandara, P.S. Shri Nagar, District Mahoba. On the fateful day the complainant had gone to new Panchayat Bhawan to purchase fertilizer. When the complainant and his cousin reached there all the accused persons named in the FIR surrounded them. The applicant was holding a country made pistol in his hand. He fired at Arvind, who after being hit by the shot fell down on the ground and died at the spot. When the witnesses tried to intervene the other co -accused started firing upon them causing injuries to Mool Chand and Kashi Prasad. An FIR was lodged with the police on the same day at about 3.10 p.m. The dead body of Arvind was sent for post mortem after panchayatnama.

(3.) IT has been submitted from the side of the applicant that the applicant is in jail since 4.12.2009, that the so -called injured namely Kashi Prasad and Mool Chnad had received No. gun shot injuries, that the applicant is innocent and has committed No. offence and he has falsely been implicated in this case due to enmity. It has further been submitted that the applicant has never been convicted nor prosecuted in any criminal case except the present case in which this bail application has been pressed.