MURLI CHAURASIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a second bail application by one Murli Chaurasia said to be involved in a case under S. 302, I.P.C. registered at Crime No. 135 of 1994, P. S. Mohammadabad, District Ghazipur. His first application was rejected by order dated 14-9 -1994

(2.) The learned counsel for the applicant has been heard at length and since the applicant does not seem to have been satisfied with the decision made in the order dated 14-9-1994 that it was not a fit case for bail, it seems desirable that the arguments advanced at the Bar may be met with in somewhat detail.

(3.) According to the allegations in the first information report, which was lodged by one Mohan Lal Gupta he and his brother, were coming back from Mohammadabad Bazar when this applicant Murli Chaurasia along with two others waylaid them and assaulted saying that they were litigating too much. Murli Chaurasia was named as the person who was holding (sic) knife and assaulted with the same while two others had simply held the deceased. It thus need hardly be said that according to the version in the first information report, this applicant had played the main vital role in the murder of Ram Gahan Gupta, deceased, in the case.