RAM KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) B. P. Singh, J. Both these applications are being disposed of by one order as they relate to the same crime i. e. Crime No. 14 of 1991 (State v. Ayodhya and others), under Sections 302/307, IPC.

(2.) A First Information Report was lodged by Lalla Singh on 17-1-1991 at 9-10 p. m. in Police Station Malawan, District Fatehpur alleging that Chunnoo Singh, Chandra Pal and Ram Kishore had fired upon Kamta Singh and Sikander from their licensed gun, as a result of which Kamta Singh died on the spot and Sikander got a bullet injury upon his shoulder. Chunnoo Singh is the applicant in application No. 5264 while Ram Kishore and Chandra Pal are the applicants in application No. 5263 of 1991.

(3.) THE Supreme Court in the case of Bhagirath Singh Judeia v State of Gujarat, AIR 1984 SC 372 has observed as follows :- "but even where a prima facie case is established the approach of the court in the matter of bail is not that the accused should be detained by way of punishment but whether the presence of the accused would be readily available for trial or that he is likely to abuse the discretion granted in his favour by tampering with evidence. "