SHYAM NARAYAN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The applicant Shyam Narain Pandey has applied for bail in crime number 65 of 2006 under Sections 147/148/149/504/506/302/ 120-B IPC and 7 Criminal Law Amendment Act Police Station Atraulia District Azamgarh.

(2.) THE prosecution case against the applicant in a thumb nail sketch is that while sitting in Bolero jeep he alongwith co-accused Lakshami Narain Pandey instigated the sons of Lakshami Narain Pandey, to commit the murder of Rajendra Prasad Tripathi, father of informant Atul Tripathi, on 28-2-2006 at 6 p. m. at Kesari Chauraha, Atraulia District Azamgarh and on their instigation the sons of Lakshami Narain Pandey shot dead Rajendra Prasad Tripathi. THE motive for the said murder is alleged to be the school management rivalry regarding which many litigations were pending some in this Court under Article 226 of the Constitution of India.

(3.) LEARNED Counsel for the informant as well as learned AGA contrarily submitted that it is a case of organised crime in day light and the applicant had also the motive to participate in the incident and his involvement in the crime is cemented by eye-witness account. They further argued that because the deceased has returned Rs. 10 lakhs of "sansad Nidhi" to the State Government, therefore, he has been done to death by the Manager and his sons in association with the applicant. They also pointed out some orders passed on the civil side by this Court in the cases between the parties. They also submitted that the accused are not allowing the case to be committed to the Court of Session's on one pretext or another and the Management has suspended those school employees who are witness in the case. They concluded by submitting that the applicant does not deserve bail.