RAJESH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri S. P. S. Raghav, Senior Advocate, assisted by Sri Anil Raghav, learned Counsel for the applicant, learned A. G. A. for the State and Sri Ajai Sengar, learned Counsel for the complainant.

(2.) THE prosecution story, in brief, is that the First Information Report of this case has been lodged by Smt. Asha Devi against the applicant only on 10-3-2006 at 7. 45 p. m. in respect of the incident which had occurred on 10-3-2006 at about 4. 00 p. m. THE distance of the Police Station was about 9 kl. mts. from the place of the occurrence. It is further alleged that one Km. Poonam Tiwari, daughter of Smt. Pulwa was living at the house of the deceased. THE deceased was real maternal uncle of Km. Poonam Tiwari and the First Informant Smt. Asha Dwivedi is real sister of the deceased. THE deceased was intended to perform the marriage of Km. Poonam Tiwari by bearing all the marriage expenses, due to this reason the applicant being the son of the deceased was too much annoyed and often hurled abuses and extending a threat of committing murder of the deceased in case Km. Poonam is not expelled from his house. On the date of the alleged occurrence, the First Informant and other witnesses saw that the applicant was causing the injury on the person of the deceased by using knife blows at about 4. 00 p. m. an canal way in the vicinity of the village Harsinghpur, after receiving the injuries the deceased died on the spot. According to the post-mortem examination report, the deceased had received seven ante-mortem incised wounds.

(3.) CONSIDERING the facts and circumstances of the case and seriousness of the nature of the allegations made against the applicant and submissions made by the learned Counsel for the applicant and learned A. G. A. and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.