MANISH RAI Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants -accused Manish Rai son of Daya Shankar Rai, resident of Mittupur, P.S. Jahanganj, District Azamgarh and Anil Rai son of Jagat Rai, resident of Kakshikala, P.S. Kopaganj, District Mau have filed this present bail application for their release on bail in case crime No. 497 of 2006 under Sections 147, 148, 149, 307 IPC and Section 7 Criminal Law Amendment Act pertaining to police station Kopaganj, District Mau.

(2.) THE facts of the case emerging from the FIR are that the election for the post of Block Pramukh of Block Kopaganj, District Mau was scheduled to be held, that the canvassings were going on in this regard. On 20 -4 -2006 the informant Kapil Dev Yadav was canvassing the voters at village Kurthi Jafarpur, Kopaganj, District Mau for casting their votes in favour of his daughter -in -law. It is alleged that at about 4.00 p.m. the applicants accused with co -accused and many others came there with pre -planned by motor cycles and four wheelers in order to kill him, to create terror among the public and started indiscriminate firing with rifles, guns and illegal arms as a consequence the shops were closed, turbulence prevailed among the people, the fire resorted to co -accused Manoj Rai hit Pankaj son of Mahesh who alleged to have sustained fatal injuries, that the shot alleged to have been fired by the remaining accused caused injuries to Ram Nagina, Ram Janam, Subhash, Ram Bachan and Shailendra. Radhey Shyam, Rajesh and many others are said to have witnessed the alleged occurrence. With these allegations the informant Kapil Dev Yadav presented an application at the police station Kopaganj and on its basis a case as case crime No. 497 of 2006 under Sections 147, 148, 149, 307 IPC and Section 7 Criminal Law Amendment Act was registered against the applicants -accused and others.

(3.) ON the other hand Arvind Kumar Yadav filed counter -affidavit on behalf of the informant. Tej Pratap Singh, Sub -Inspector has also filed counter -affidavit.