STATE OF U P Vs. NEPAL SINGH

JUDGEMENT

(1.) SHIV Shanker, J. This case was initiated upon a show-cause notice issued in Criminal Misc. Bail Application No. 5756 of 2001, Mohan Lal v. State of U. P. , by this Court against the contemnor Nepal Singh son of Ram Charan.

(2.) BRIEF facts, arising out of this case, are that Chhotey Lal son of Jawahar Lal lodged an F. I. R. on 13-2- 1998 at 11. 25 a. m. , at Police Station Bisharatganj, district Bareilly wherein it was stated that his younger brother Net Ram has kept the wife of Har Prasad, who was murdered by his brother Mohan Lal one year ago of the present occurrence. Therefore, due to keeping the wife of Har Prasad, Mohan Lal harboured ill-will. On 12-12-1998, at about 7. 30 p. m. , Mohan Lal accused reached near Net Ram, who was warming under a tree at his house alongwith companion, his nephew Prem Pal and others. Mohan Lal and his companion surrounded Net Ram who stood and run away towards his house where Mohan Lal fired two shots upon Net Ram in his court-yard and his companions attacked him with sword. Net Ram consequently died on the spot. Whereafter Smt. Surajmukhi, wife of Net Ram deceased, was taken towards the jungle of the village. Thereafter the case under Sections 302/366 IPC, was registered against the accused.

(3.) THE objection alongwith the affidavit of contemnor was filed werein it was stated that he was Pairokar on behalf of accused Mohan Lal. He contacted the local Counsel Sri Raj Kumar Verma, Advocate, Bareilly was doing the necessary Pairvi of the case. And some time in the month of January, 2001, gave him a sum of Rs. 500/-for obtaining copy of the F. I. R. , copy of the post-mortem report of deceased besides other evidence collected by he Investigating Officer in connection with said criminal case, for the purpose of preparing/moving bail application on behalf of said Mohan Lal.