BADRI PSASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned A.G.A. for the State of U.P.

(2.) THIS is second bail application moved on behalf of the appellant Badri Prasad with a prayer that he may be released on bail during the pendency of this appeal no. 3952 of 2013. The first bail application of the appellant has been rejected on 10.1.2014, after considering the merits of the case.

(3.) IT is contended by the learned counsel for the appellant that there was a cross case, the first information report of the present case has been lodged by P.W. 1, Anand Swaroop Sharma alleging therein that one niece of P.W. 1( Anand Swaroop Sharma) was killed by Vinay and the appellant Badri Prasad. Vinay was in jail but the appellant Badri Prasad was released on bail, in that case, father of the girl, Ram Autar Sharma was doing the pairvi. The cousin of the first informant namely Ramesh Kumar was a witness in that case, he was providing help in the pairokari of the above mentioned case. The proceedings of cancelling the bail were pending, the appellant, his son Ram Kumar and other associates were pressurising Ram Autar Sharma to settle the dispute through a compromise and not to do the parivi in the above mentioned case but Ram Autar Sharma was not agreed, he has stated that the murderer of his daughter again will go to jail. On 21.8.1995 Ram Autar Sharma and Naresh Kumar, boarded in a train at Khurja, which was going to Delhi, at about 7.30 a.m. the deceased Ram Autar Sharma came out from the train for urination, at that time the appellant along with his son Raj Kumar and other persons was present on the platform. The deceased Ram Autar Sharma was beaten by using bricks and stone blows, Naresh Kumar came in rescue then a crowed was gathered there, from the side of the crowed somebody discharged shots which hit the appellant. Thereafter, all the assailants fled away but the deceased Ram Autar Sharma succumbed to his injuries on the spot. The injured Naresh was serious in condition.