SANJAY Vs. STATE OF U P

JUDGEMENT

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

(2.) THE prosecution story, in brief, is that the First Information Report of this case has been lodged by Vedveer at Police Station Anoopshahr on 7-1-2006 at 6. 45 p. m. in respect of the incident which had occurred on 7-1-2006 at about 5. 00 p. m. THE distance of the Police Station was about 9 kl. mts. from the alleged place of the occurrence. THE First Information Report has been lodged against the applicant and three other co-accused persons. It is alleged that the First Informant and the deceased Suraj Singh, the Pradhan of the village were returning to their houses but in the way the applicant and other co-accused persons armed with the country made pistol discharged the shots towards the deceased who received injuries and fell down, the alleged occurrence was witnessed by Ajaipal Singh and Gajendra Singh. THE witnesses and some other persons of the village made hue and cry, on that the villagers having Lathi and Danda came at the place of the occurrence and chased the miscreants, one of the miscreants was surrounded in the sugancane field of one Annu. He discharged shots towards the villagers and thereafter he himself caused injury by using the country made pistol, he was beaten by Lathi and Danda and apprehended by the villagers. Consequently he died on spot and one of the miscreants was arrested by the villagers after doing marpit who disclosed his name as Sohanveer. THE applicant and other persons was having enmity with the deceased since the election of the village Pradhan, due to that enmity the deceased Sohan Singh had been murdered. It is further contended that the remaining two miscreants were also surrounded by the people but they successfully escaped away. THE deceased Suraj Singh had received five fire-arm wound of entry and two exit wounds. THE dead-body of the co-accused Mukesh @ Mukki was also lying there, he had received one fire-arm wound of entry having blackening and six lacerated wounds.

(3.) CONSIDERING the facts and circumstances of the case and the submissions made by the learned Counsel for the applicant and learned A. G. A. and learned Counsel for the complainant and the seriousness of the allegations 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.