RAMPAL TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) This is an application for bail filed under section 439(1) of the Code of Criminal Procedure, 1973. The applicant is being prosecuted for an offence under section 396 I.P.C. in Crime No. 47 of 1985, Police Station Kalwari, District Basti. The applicantTs bail application was rejected by the order dated 16-9-1985 passed by the Sessions Judge, Basti.

(2.) The prosecution story, as unfolded in the first information report (Annexure 1) in brief, is that a dacoity was committed on 19/20-5-1985 at about 2 a.m. in the night at the residence of one Ram Lagan by 7 or 8 miscreants, ultimately Ram Lagan was killed and ornaments and wrist watches etc. were looted. The First Information Report was lodged next day at 5 a.m. at Police Station Kalwari, District Basti.

(3.) The applicant is alleged to have been arrested the next day by the police on the information given by an informer, when he was lying in a bush and was crying on account of injuries received in the scuffle between the applicant, his associates on one side and the family members of the deceased and the prosecution witnesses on the other side.