PREM SAGAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satish Trivedi and Sri Gopal Chaturvedi, senior Advocates assisted by Sri Ramji Tripathi, Advocate on behalf of the applicant, learned A.G.A. for the State and Sri Dileep Kumar assisted by Sri Rajshree Gupta, Advocate on behalf of the opposite party.

(2.) This is the second bail application made by Sri Prem Sagar Pandey for his being enlarged on bail in Special Sessions Trial No. 68 of 2011, State Vs. Dilip Mishra and others arising out of Case Crime No. 237 of 2010 under Sections 302, 307, 427, 429, 120B I.P.C. and Section 3/5 of Explosive Substance Act and Section 7 Criminal Law Amendment Act and Section 2/3 (1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Allahabad during the pendency of trial.

(3.) Brief facts of the case, according to the F.I.R., are that the complainant Kamal Kumar stated in his report that he is the cousin brother of Nand Gopal Gupta @ Nandi and for the last 4 -5 years, he is living with Nand Gopal Gupta and looking after his business. Dilip Mishra, Block Pramukh, Chaka is a notorious criminal and having enmity with Nand Gopal Gupta @ Nandi. Rajesh Yadav and Kripa Shanker Pandey, who are the members of the gang of Dilip Mishra, told the first informant 4 -5 days prior to the incident that they had managed everything and Dilip Mishra would get Nand Gopal Gupta @ Nandi murdered.