RAMESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) -The applicant Rameshwar through the present bail application has prayed for his release on bail under Section 439, Cr. P.C., in Crime No. 276/05, under Section 302/506, I.P.C., P.S. Rura, district Kanpur Dehat.

(2.) THE prosecution allegations against the applicant in brief are that Sobaran Singh father of Pravendra Kumar the informant had won the election of village Pradhan in the recent past, defeating Jai Karan alias Pappu. Because of the election rivalry Shiv Singh cousin brother of the informant was threatened by the said Jai Karan on 29.8.2005, that he will not allow Sobaran Singh to function as Pradhan. On 9.10.2005, the informant alongwith his father Sobaran Singh had gone to sell his wheat crop to Roora on their Tractor No. U. P. 78-B9895 driven by Chhotey Lal. While returning they purchased 20 potato bags. THE informant alongwith his father and two other persons Ram Swaroop and Pahunchi Lal were sitting on the tractor trolley above the potato bags. When they reached on the turning of Teli Bagh at about 6 p.m. then the accused, who were four in number including Jai Karan alias Pappu and the applicant Rameshwar, all of a sudden appeared from Bazra field armed with country made pistol. On the instigation of the unknown assailant who had covered his face, rest of the three named accused persons Jai Karan, Rameshwar (present applicant) and Ravindra fired at Sobaran Singh who sustained firearm injuries and dwindled towards the driver seat on tractor and died on the spot. THE assailants made their escape good. Chhotey Lal tractor driver had also sustained two lacerated injuries in the said incident. Praveendra Kumar the informant scribed the F.I.R. and lodged it at P.S. Roora on 9.10.2005 at 9.30 p.m. THE post mortem on the body of the deceased was conducted on 10.10.2005 (Annexure-2), which indicates that the deceased had sustained two fire arm wounds of entry and a fire arm wound of exit. One of the firearm wounds of entry had blackening. On the said factual matrix, the applicant has prayed for his bail through this bail application.

(3.) LEARNED A.G.A. on the other hand contended that in this case the murder had taken place because of the election rivalry and the applicant is said to be one of the main shooter, who is named in the F.I.R. He further contended that there was no reason for false implication of the applicant and at his pointing out one .315 bore country-made pistol was also recovered.