SHYAM BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Udai Chandani Learned Counsel for the applicant and learned A.G.A. for the state of U.P.

(2.) This application has been filed by the applicant Shyam Bahadur Singh alias Khanna with a prayer that he may be released on bail in case crime No. 172 of 2005, under Sections 147, 148, 149, 307, and 302 I.P.C. and Section 7 of the Criminal Law Amendment Act, P.S. Chaubeypur, District Varanasi.

(3.) The prosecution story of this case, in brief, is that the F.I.R. of this case has been lodged by Sri Shyam Ji Singh at P.S. Chaubeypur, Varanasi on 01.9.2005 at 11.05 a.m. in respect of the incident which had occurred on 01.9.2005 at about 8.45 a.m. The F.I.R. has been lodged against unknown miscreants. The distance of the police station was only 4 kms from the alleged place of occurrence. It is said that on 1.9.2005 Shyam Kanhaiya alias Bala Singh, Rajendra Yadav, Radhey Shyam Yadav and Prem Shankar Singh were going to their house from Banaras by a Indica Car No. WB-74G-2591 at about 8.45 a.m. Some unknown miscreants boarding on a Qualis vehicle came from back side and discharged shots indiscriminately. Consequently, Shyam Kanhaiya Singh and other persons sitting in Indica car became seriously injured. They were taken to medical Varanasi, but injured Shyam Kanhaiya died in the way. The other injured were admitted in the hospital who were under treatment, but subsequently, on the same day of the alleged occurrence Prem Shankar Singh also died. According to post mortem examination report of deceased Prem Shankar Singh he had received one firearm wound of entry on the back abdomen and chest having its exit wound and two lacerated wounds and deceased Shyam Kanhaya Singh alias Bala Singh had received 13 injuries, in which injuries No. 1, 3, 6, 8, 12 are gunshot wounds of entry and injuries No. 4, 7, 9, 10, 11 and 13 were gunshot wounds of exit and injuries No. 2 and 5 were lacerated wounds and injured Radhey Shyam Yadav had received two lacerated wounds and injured Rajendra Yadav had received one lacerated wound caused by firearm.