UPDESH @ SHIBBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This the first bail application moved on behalf of the applicant Updesh alias Shibbey in case Crime No. 306 of 2005, under sections 147, 148, 149, 302, 504, 506, I.P.C., P.S. Kisni, District Mainpuri.

(2.) Briefly prosecution case, according to the F.I.R., is that ton 28.11.2005 at 10.00 p.m. first informant Akhilesh Singh Yadav, his brother Rampal village Uadayveer, Ramveer, Rajveer, Puttu Lal, Brij Bhuchan were warming by burning dry paddy plants. At the same time accused Updesh alias Shibbey, Nirvesh, alias Nebbey, Sadesh, Bhura, Shiv Das armed with countryside pistols reached there. Accused Updesh and Bhoora started abusing by saying that why you have not given vote to her mother in the election of Pradhan upon which they said that votes have been casted according to their wishes. Thereafter, they said by raising alarm to kill them upon which accused Updesh and Bhoora opened fire upon them. Consequently, Ram Pal and Udayveer sustained firearm injury and died on the spot. Thereafter, they fled away from there. F.I.R. was lodged against them on 29.11.2005 at 6.45 a.m.

(3.) Heard learned Counsel for the applicant and learned A.G.A.