KAILASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS application is filed by the applicant Kailash Yadav with a prayer that he may be released on bail in case crime No. 1039 of 2005 under Sections 147/148/ 149/323/325/504 and 302 I.P.C. and 7th Criminal Law Amendment Act and 2/3 of the U.P. Gangster and Anti Social Activities(Prevention) Act P.S. Badagaon District Jhansi.

(2.) THE prosecution story in brief is that in the present case an F.I.R. has been lodged By Sri Bhagwat at P.S. Badagaon on 17 -9 -2004 at 9.15 am. in respect of the incident which had occurred on 17 -9 -2005 at about 6.30 p.m. The F.I.R. was lodged under Sections 147/148/149/323/325/504 and 302 I.P.C. and 7th Criminal Law Amendment Act but during investigation Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act was added. It is alleged that on 17 -9 -2005 at about 6.30 p.m. the applicant and co -accused Ajay alias Buddhu came to the village Birguwan at that time the applicant was in a drunken condition, they hurled abuse, they were asked by the first informant and other not abuse then the co -accused Ajay started beating the first informant by lathi. On shouting of the first informant Jagdish Dubey and Tulsi Das and some other persons came at the place of occurrence. In the meantime the applicant called and on that call his brother Prakash Yadav, Rajendra Yadav and Ranjeet and Abhijeet son of Prakash Yadav came at the place of occurrence. The applicant was armed with rifle and co -accused Abhijeet was armed with D.B.B.L. gun and the remaining co -accused were armed with lathi and danda. All the accused persons caused injuries on the person of the injured Jagdish Dubey by using lathi and danda blows and at that time whoever came forward was also beaten by them. In the meantime the deceased Sant Ram came there from Jhansi and the accused persons ran towards the deceased Sant Ram. He ran to save his life. The applicant and co -accused Abhijeet discharged shot by their firearm when the deceased in the back of middle school. Consequently, he received gun shot injuries and died on the spot. Due to terror of the accused persons all the persons of the locality entered into their houses and closed the doors and shop keepers shut down the doors of their shops and ran away. A panic was created there. Thereafter, the accused persons left the place of occurrence.

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