VIJAY KUMAR OJHA Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by applicant Vijai Kumar Ojha with a prayer that he may be released on bail in case crime No. 503 of 2006, under Sections 302 I.P.C., P.S. Kasia, District Kushinagar.

(2.) The prosecution story, in brief, is that the F.I.R. has been lodged by Sri Sudama Yadav at P.S. Kasia, Kushinagar on 6.6.2006 at 4.10 a.m. in respect of the incident which had occurred in the night of 5/6.6.2006 at about 12.30 O' clock at the house of the applicant. The distance of the police station was about 9 km from the alleged place of occurrence. The F.I.R. was lodged against the applicant and co-accused Sanjay Kumar Ojha and their other family members, alleging therein that the deceased Manoj Gupta was carrying a business of P.CO. for the last many years, in the same mohalla where the applicant along with his family members was living in a rental house. The applicant's daughter Km. Pratibha was frequently visiting to the P.CO. of the deceased and having long conversation with the deceased, it was known to the applicant so he has extended the threats to the deceased also. On 5.6.2006 at about 9.15 p.m. Km. Pratibha the daughter of the applicant gave a telephonic call, which was received by the first informant and at the saying of Km. Pratibha the deceased has talked with her, thereafter, it was told by the deceased that he was going to Shivpur (the place of occurrence) and would return in the night and the first informant was asked to go from the shop after closing the same. The deceased along with one Pramod Singh went to Shivpur on a motorcycle, at about 12.30 O' clock in the night the witness Pramod Singh heard the shrieks of the deceased from the house of Km. Pratibha, he saw that the deceased was murdered and his dead body was dragging out by the applicant, his brother co-accused Sanjay Kumar Ojha and other family members were dragging out his dead body from their house. Thereafter, its information was given by Pramod Singh to the first informant and the family members of the deceased. The dead body of the deceased was lying at door of the applicant's house. The first informant went to police station and lodged the F.I.R. According to the post mortem examination report the deceased has received 11 injuries, which are lacerated wounds, incised wounds and contusions. According to the inquest report also the dead body of the deceased was found in front of the applicant's, where the proceedings of the inquest were completed on 6.6.2006 since 7.00 a.m. to 9.00 a.m. The applicant had applied for bail before the Sessions Judge, Kushinagar, the same were rejected on 1.7.2006 and 11.7.2006.

(3.) Heard Sri Viresh Mishra, Senior Advocate assisted by Sri Amit Mishra Learned Counsel for the applicant, learned A.G.A. for the state of U.P. and Sri Pramod Kumar Gupta Learned Counsel for the complainant.