RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This is a second bail application on behalf of Rakesh Kumar. Rakesh Kumar, who is being prosecuted in Crime No. 109/91 under Sections 364/302/20 1 I.P.C. P.S. Banda district Shahjahanpur, has applied for bail. The case of the prosecution is that deceased Vishnu Dutt Agnihotri and Jaswant Rai were real brothers. The applicant Rajesh Kumar is the son of Jaswant Rai while Km. Kanu Priya, the first informant, is the daughter of Vishnu Dutt Agnihotri. Both families reside in village Dundawa Pipariya.

(2.) On 28.5.1991 at 12.30 P.M. an F.I.R. was lodged by Km. Kanu Priya in P.S. Banda with the allegation that on 27.5.1991 at about 8 P.M. applicant Rakesh Kumar had kidnapped deceased Vishnu Dutt Agnihotri and Avinash from their house in presence of Km. Kanu Priya and one other relation (the name of this relation was disclosed by Km. Kanu Priya during the course of investigation.

(3.) Rakesh Kumar alongwith some other persons had come in a Jeep and had taken both Vishnu Dutt Agnihotri and Avinash by using force.T Km. Kanu Priya could do nothing. She waited in the night and on the next morning she was informed that her father and cousin Avinash were murdered and dead bodies were lying in the jungle of village Gulariya.