ANOOP KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been moved by the applicant Anoop Kumar Tiwari with a prayer that he may be released on bail in Case Crime No. 98 of 2006 under Sections 147, 148, 302, 120-B, I. P. C. and Section 7 Criminal Law Amendment Act P. S. Audyogik Kshetra District Allahabad.

(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Prem Shankar Yadav on 8-9-2006 at 2. 35 p. m. in respect of the incident which had occurred on 8-9-2006 at about 2. 00 p. m. , the distance of the police station was about 2. 00 k. m. from the alleged place of occurrence. THE applicant and six other co-accused persons are named in the F. I. R. THE allegation against the applicant, co-accused Arun Kumar alias Rahul, co- accused Manoj Kumar Tiwari, Awadhesh Kumar alias Bhukkhal, co-accused Ashish Upadhyay, is that they discharged shots by their fire-arms consequently two persons namely Raghav Prasad Yadav and Uma Shanker Yadav sustained injuries and died instantaneously. THE accused persons discharged the shots towards the first informant and other witnesses also but luckily they could not receive any injury. THEre was a dispute between the parties in respect of a land. THE Post-mortem examination Report of Raghav Prasad Yadav shows that he had received three gun shot wounds of entry and three gun shot wounds of exit and the deceased Uma Shankar Yadav sustained 13 injuries in which 3 injures were gun shot wounds of exit and injury No. 10 was having tattooing on the left side of the face and three injuries were contusions. THE applicant applied for bail before the learned Sessions Judge, Allahabad who rejected the same on 2-3-2007 being aggrieved from the order dated 2-3-2007, the present application has been moved by the applicant.

(3.) IN reply of the above contention it is submitted by the learned A. G. A. and the learned Counsel for the complainant that it is a broad day light murder, F. I. R. has been promptly lodged, specific role of discharging shot has been assigned to the applicant and four other co-accused persons, both the deceased persons have sustained gun shot injuries, the alleged wireless message is having no relevance at this stage and the applicant was arrested on the next day of the alleged incident. The applicant was taken on the police remand, at this pointing out one country made pistol was recovered. The applicant and other co- accused persons were having strong motive to commit the alleged offence, the gravity of the offence is too much, therefore, the applicant may not be released on bail.