ALOK PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Alok Pandey @ Godli has filed this bail application in crime No. 1 of 06, under Sections 302, 504 I.P.C., P.S. Naini, District Allahabad.

(2.) The short narration of allegations against the applicant are that the informant Jai Prakash Yadav is a resident of house No. 124/6 Labour Colony, Naini, Allahabad. On the occasion of new year Umesh Shukla, Village Pradhan had organized a feast of Bati Chokha in the compound of one Musafir Sharma at l95/4 A Labour Colony, Naini, Allahabad. The said feast was attended to by many neighbors. At the time of meal preparation Om Prakash Yadav brother of the informant Jai Prakash Yadav demanded the motorcycle from Alok Pandey @ Goldi the present applicant which was refused by Goldi after some tiradic alterations which was pacified by the people present on the spot. Goldi had left the place after the said alteration and he, thereafter, returned after an hour at about 10.10 AM. By that time Om Prakash Yadav, the brother of informant had taken the meal and was standing on the road in front of Hanuman Tample. Goldi @ Alok Pandey, applicant was armed with a licensee pistol and he vetuparising the brother of informant started firing at him as a result of which the brother of the informant Om Prakash Yadav sustained bullet injuries on the chest and fell down. After hearing the shots, the informant and others rushed to the shot and tried to apprehend Goldi, but he made his escape good firing in the air. The informant Jai Prakash Yadav along with Umesh Shukla (Pradhan), Vinod Rai and Shiva Yadav dumped his brother into the car and was bringing him to Jeevan Jyoti Hospital Allahabad for treatment when in the midway injured lost his life. Putting his corpse in Jeevan Jyoti Hospital the informant went to the Police Station Naini and lodged a F.I.R. on 5.1.2006 at 12.35 AM in night which was registered as crime number 1 of 2006, under Sections 302/504 I.P.C. The incident, as is mentioned was dated 4.1.2006 at 10.10 PM. The inquest of the deceased was conducted at 1.35 AM in Jeevan Jyoti Hospital and later on his autopsy was performed on 5.1.2006 at 2.40 PM. The Postmortem report indicates 4 injuries on the body of the deceased.

(3.) I have heard Shri J.S. Sengar, Learned Counsel for the applicant and Sri Mukeem Ahmad, Learned Counsel for the informant and the learned AGA in opposition.