NANAK CHANDRA Vs. STATE

JUDGEMENT

(1.) HEARD Sri V.P.Srivastava, Senior Adcocate, assisted by Sri Prem Shanker Kushwaha, learned counsel for the applicant, learned AGA and Sri Chandra Shakhar Kushwaha, learned counsel for the complainant.

(2.) THIS bail application has been moved by applicant Nanak Chandra with a prayer that he may be released on bail in case crime no.75 of 2005, under sections 302 and 307 IPC, P.S.Bewar, District Mainpuri.

(3.) THE statement of Raju @ Rajesh and Ashok Kumar, sons of Tulsi Ram have been recorded, they also did not sport the prosecution version. According to them, 4 unknown persons have committed the alleged incident. The I.O. has recorded the statement of some witnesses, Raj Kapoor, Sushil Kumar, Prabhu Dayal and Virendra Singh, they have not supported the prosecution story. The son of the applicant was the student of High School and he appeared in the Examination of U.P.Board on 21.03.2005 from the Jasmai Inter College, which is at a distance of 25 Km. from the alleged place of occurrence. He was minor boy, aged about 14 and 1/2 years' old. The I.O. has recorded the statement of Head Clerk of the aforesaid college and examined the record and came to the conclusion that co accused Deep Chandra has appeared in the Examination of High School on 21.03.2005 from 7.30 a.m. to 10.30 a.m.