JITENDRA ALIAS JEETU Vs. STATE OF U P

JUDGEMENT

(1.) This application is filed by the applicant Jitendra alias Jeetu with a prayer that he may be released on bail in case crime No. 138 of 2005 under Sections 393, 302 and 506 I.P.C.O. P.S. Gulawati district Bulandshahar.

(2.) The prosecution story in brief is that in the present case an F.I.R. has been lodged by one Bharat Bhushan on 9.7.2005 at 9.30 p.m. in respect of the incident which had occurred on 7.7.2005 at 7.30 p.m. and the distance of the police station was about 500 yard from the alleged place of occurrence. The F.I.R. was lodged against the applicant and the co-accused Khalid and Liyaqat It is alleged that the applicant entered into the house of the applicant for the purpose of committing robbery, at that time the deceased Sita Ram, his daughter in law Smt. Geeta Rani and his grand son Piyush were taking meals. The miscreants were armed with country made pistol and knife. They extended threat not to make noise and asked to handover the keys of the almirah. The applicant put the knife at the neck of the wife of the first informant then the deceased catch hold the co-accused Liyaqat but all the three miscreants caused injuries by using knife blows on the persons of the deceased. Consequently, he received injuries and fell down. The shouting was made by the family members, therefore, all the three miscreants ran away from the main gate of the house. The deceased, father of the miscreants died on the spot. It is also alleged that all the three miscreants had come to the house of the first informant about 5 to 10 days back to repair the fan and to set the switch of the computer. All the three miscreants were properly identified at that time and the family members of the first informant.

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