RADHEY SHYAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Radhey Sham S/o Gangadhar has filed this revision against the order dated 25-3-1994 of the Sessions Judge, Allahabad refusing bail to the applicant in Crime No. 506 of 1993 of P. S. Sarai Inayat, district Allahabad u/Ss. 302, 307, 504, 506 I.P.C.

(2.) The prosecution case is that on 1-10-1993 informant Rajendra Pratap Singh, his elder brother Mahendra Pratap Singh, P.W. Radhey Shyam and Dev Narain Singh were having a chat at their Petrol Pump located in village Anduva on the G. T. Road. At about 7 p.m. Radhey Shyam (applicant) Chandra Prakash Alias Panda and Lalji arrived there in an Ambassador Car bearing No. UVA 5511. They had guns with them. The occupants of the car asked Umesh, the Salesman at the pump to be quick and top up diesel in a jerry can. When Umesh refused to supply diesel out of turn, he was grated with abuses and was also threatened to be shot dead. Mahendra Pratap Singh (deceased) intervened and asked the occupants of the car (accused) to desist from abusing. Soon applicant Radhey Shyam shot at Mahendra Pratap Singh injuring him seriously. When P.W. Radhey Shyam tried to save Mahendra Pratap Singh he too was paid in the same coins and accused Gangadhar got down from the car with a rifle. Chandra Prakash Alias Panda and Lalji Alias Chandra bail Singh also resorted to firing. Radhey Shyam was seriously injured by the shots fired by Chandra Prakash Alias Panda and he fell down. The incident created commotion and the shop-owners and the public started running helter skelter in panic. The accused boarded their car and left the scene. A report of the ghastly crime was lodged at police station Sarai Inayat by Rajendra Pratap Singh.

(3.) The applicant applied for bail in the court of Sessions but his application was rejected by the learned Sessions Judge, Allahabad. Sri V. C. Tiwari, learned counsel appearing on behalf of the complainant, informs that notice of bail application of the applicant has been given on 14-2-1994 (Vide Notice No. 1579 of 1994) and the bail application was filed but has been taken back. Thereafter a second bail application was filed before the learned Sessions Judge, Allahabad, being Criminal Misc. Bail Application No. 695 of 1994. The Second bail application has been rejected by the learned Sessions Judge, Allahabad on 25-3-1994. The ground taken in the second bail application before the learned Sessions Judge, Allahabad was that the C.J.M. Allahabad has not granted proper remand committing the applicant to custody and as such the applicant is in illegal detention, he is entitled to be released on bail. The learned Sessions Judge, Allahabad once again rejected the bail application on the ground that he was informed that bail application has already been moved in the High Court and was actually argued by Sri Dilip Gupta, Advocate before Hon'ble Mr. Justice G.S.N. Tripathi and this fact was not denied and hence it would not be proper to exercise parallel jurisdiction.