JAGRAJ SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is the first bail application.

(2.) The prosecution story is that the applicants, Rejveer Singh and two unknown persons armed with fire-arms had fired at Jogendra Singh and Dharmendra Singh causing the death of Jogendra Singh at the spot. Dharmendra Singh was taken to S.N. Hospital, Agra, where he was found dead. The occurrence is said to have taken place in the field of village Nagla Prem of Police station Etmadpur, district Agra at 5.30 p.m. on 31-7-1989 while Rajveer Singh and his son were returning from Chauli to their house in the aforesaid village. It has been alleged that the occurrence had been seen by Laxmi Raj, Ashok, Har Prasad, Rampal Singh and many others. The maker of the report Harish is said to have fired from his licensed gun towards the assailants and thereupon the applicants and his companions are said to have run away towards west.

(3.) A supplementary affidavit has been filed stating that two witnesses Mangal Singh and Har Prasad have filed affidavits in the court of Judicial Magistrate, Agra completely disowning the prosecution story. It has also been urged that applicant Rajveer Singh has been granted bail by this Court. Therefore, on parity ground, the applicants should also be released because the role assigned to all of them is identical to Rajveer Singh.