NANKU LAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant Nanku Lal Yadav has applied for bail in Case Crime No. 116 of 2005, under Sections 302, 307, 506 I.P.C. Police Station Tharwai District Allahahad.

(2.) THE prosecution case starts with a F.I.R. lodged by Shri Rajendra Yadav, Advocate at police station Tharwai District Allahahad on 2 -11 -2005 at 11.05 a.m. It is stated therein that Sri Rajendra Yadav resides at village Dharampurghurwa P.S. Tharwai District Allahahad. Suresh Kumar Yadav and Bhaiya Ram Yadav are also residents of the same village, On the aforesaid date, both these persons were present at their houses, and at about 10 a.m. the accused Nanku Lal Yadav, village Pradhan, Daya Ram and Mahesh Kumar having rifles and guns in their hands reached there and started firing. Suresh Kumar received fire arm injury on his chin and he died on the spot. Bhaiya Ram also received fire arm injuries and he fell down Thereafter their family members took them to police station Tharwai. It was, therefore, prayed that action should he taken in the matter.

(3.) IT was submitted by the learned Counsel for the applicant that it is a cross case and since there injuries on both the sides, bail should be granted to the applicant. His learned Counsel cited before me a ruling of Hon'ble Supreme Court in Vashishth Singh v. State of Bihar, AIR 2002 SC 487, in which it has been held that where there is cross case, bail should be granted.