DILIP KUMAR NISHAD ALIAS KALOO Vs. STATE

JUDGEMENT

(1.) 1. Heard Sri Shivaji Srivastava and Sri Sudhir Kumar Srivastava, learned counsel for the for the applicant and the learned A.G.A. for the State of U.P.

(2.) THIS bail application has been filed by the applicant Dilip Kumar Nishad alias Kaloo with a prayer that he may be released on bail in case crime no. 580 of 2009 under sections 147,148,149,302,307/34 and section 120-B I.P.C. and 7 Criminal Law Amendment Act P.S. Naini district Allahabad.

(3.) IT is contended by the learned counsel for the applicant that the applicant is not named in the F.I.R. whereas the other co-accused persons are named in the F.I.R. The naming of the applicant is after thought. The statement of the applicant was recorded on 13.10.2009 in which he disclosed the name of the applicant, the name of the applicant has been disclosed by the first informant, Ashok Nishad also, the statement of the witness Naseem was recorded on 5.10.2009 he also disclosed the name of the applicant, the statement of Mahendra Singh was also recorded on 16.10.2009, he also disclosed the name of the applicant, the disclosure of the name of the applicant is after thought. The applicant was residing in the same locality where the first informant was residing, his house was at a distance of 50 meter, he was well known to the first informant from his birth. The deceased Anirudh was a harden criminal, he was involved in criminal cases P.S. Naini, Daraganj and Kedganj, he was involved in 21 criminal cases including murder and kidnapping etc. he had multi- cornered enmity, the alleged incident has been committed by some unknown miscreants, but subsequently the name of the applicant was involved due to ill will of the fist informant. There was no motive or intention to commit the alleged incident. There is no independent witness to support the prosecution story, the applicant is innocent, he may be released on bail, the applicant is in jail since 2.11.2009.