MUKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS application is filed by the applicant Mukesh Kumar with a prayer that he may be released on bail in case crime No. 240 of 2005 under Sections 147, 148, 149, 307, 302 I.P.C. P.S. Khutar, District Shahjahanpur.

(2.) THE prosecution story, in brief, is that an F.I.R. has been lodged by one Krishna Kumar at P.S. Khutar on 2 -8 -2005 at 9.45 p.m. in respect of the incident which had occurred 2 -8 -2005 at about 8.00 p.m. The distance of the police station was about 4.5 km from the place of occurrence. The F.I.R. was lodged against the applicant and 6 other co -accused persons. According to the F.I.R. there was election rivalry between the first informant and co -accused Babu Ram because the first informant and co -accused Babu Ram had contested the election of village Pradhan about 15 years back. In that election co -accused Babu Ram was defeated. And the first informant was elected. At the time of alleged occurrence the fresh election of village Pradhan was under process. That seat was reserved for woman, the nominations were filed by the wife of co -accused Babu Ram, the wife of the applicant, the wife of co -accused Jitendra and the wife of one Bhagwan Das. On 1 -8 -2005 the applicant and co -accused Bhagwan Das, Jitendra, Babu Ram, Ram Laraitey, Vimlesh and Kamlesh asked the first informant to withdraw the nomination of his wife and daughter -in -law because they had decided to elect the wife of the applicant as Pradhan, but the first informant replied that the wife of Harish Kumar will contest the election and the candidate who will get the highest vote will be declared elected. Thereafter the applicant and other co -accused persons extended threat on 2 -8 -2005 at about 8.00 p.m. The first informant, his sons deceased Harish Kumar, injured Shiv Kumar, injured Vikash Kumar and Anil Kumar who were returning to their houses after canvassing, when they reached their houses the applicant and other co -accused persons namely Bhagwan Das, Jitendra, Babu Ram, Ram Laraitey, Vimlesh armed with country made pistol and co -accused Kamlesh armed with lathi came there who were waiting and for a long period. The co -accused Bhagwan Das exhorted and he fired on the deceased Harish Kumar. The applicant fired at the injured Shiv Kumar. Thereafter, the accused persons fired indiscriminately and co -accused Kamlesh used lathi blows, consequently Harish Kumar, Shiv Kumar, first informant Krishna Kumar and Vikash received injuries. The first informant and other villagers made shouting, thereafter, the accused persons discharged the shots at their houses also. They created a terror and extended a threat not to say anything in respect of the incident. The first informant and all the injured persons were taken to the police station where the F.I.R. was lodged.

(3.) IT is contended by the learned Counsel for the applicant :