MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicants, Shri N.K. Singh, learned counsel for the complainant and learned Additional Government Advocate for the State.

(2.) AN FIR was lodged by one Randheer Singh alias Munna on 06.05.2014 at 22.15 hours stating that the deceased attacked the applicant and his family members and fired at them. Angad Singh Yadav came to save his son and caught hold of the deceased, the remaining two unknown persons fled away. Randheer Singh alias Munna attacked the deceased with an axe. The villagers also came, who started beating the deceased. He was seriously injured. A country made pistol and cartridges were also lying on the spot. After this report was lodged, the police came on the spot and prepared a recovery memo taking into possession the country made pistol and cartridges.

(3.) IT has been contended on behalf of the applicants that co -accused Randheer Singh alias Munna has been granted bail vide order dated 03.11.2014 in Criminal Misc. Bail Application No. 37069 of 2014. The case of the present accused rests on better footing that of the co -accused Randheer Singh alias Munna. The deceased sustained 15 incised wounds besides other wounds. All the incised wounds are said to have been caused by Randheer Singh alias Munna while the other wounds are said to have been caused by other accused and the villagers. It has further been contended that the alleged recovery of axe, the weapon of assault was recovered at the pointing out of co -accused Randheer Singh alias Munna, who has been granted bail. The deceased was having a long criminal history to his credit, who had gone to assault the villagers, who in turn assaulted the deceased, who died due to these injuries. Hence, the applicants are entitled to bail.