OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This is the first bail application moved on behalf of applicant Om Prakash, son of Shri Kali Charan in case crime No. 242/2006 under Sections 323, 302, 307, 504, 506 I. P. C. , P. S. Khandauli, District Agra.

(2.) BRIEFLY prosecution case according to F. I. R. is that on 10/11- 7-2006 in the night, the first informant Sunil Kumar Upadhyay, his mother Smt. Kamla Devi and his grand-father Kali Charan were sleeping in the Verandah of the house at about 12. 30 a. m. (in the night ). His uncle Om Prakash, Mukesh and one master alias Rama Shankar residents of the same village came at his house, wherein Om Prakash armed with country made pistol, Rama Shankar and Mukesh armed with lathi had started abusing to them. He and Kali Charan were beaten by them with dandas by saying that how land will be transferred in the name of his elder son Ram Kishan, upon which he has stated that he lived with him and he is also cared by him and on the other hand they (accused persons) used to beat and abuse him, therefore, land will not be transferred with their names, upon which Mukesh and Rama Shankar had asked Om Prakash to kill an old man, upon which Om Prakash shot fire in the abdomen of his grand-father with country made pistol, consequently, he died on the spot. Thereafter another shot was made upon the informant but he saved fortunately due to missing of fire. Thereafter, the F. I. R. was lodged by him against above accused persons on 11-7-2006 at 8. 30 a. m.

(3.) AFTER considering the facts and circumstances of the case and night occurrence and delay in lodging the F. I. R. and without expressing any opinion on merit of the case, he is entitled for bail.