RAM SHABD YADAV Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This is the first bail application moved on behalf of the applicant Ram Shabd Yadav in case crime No. 277 of 2006, under Sections 302, 506 I. P. C. and 7 Criminal Law Amendment Act, P. S. Sidhari, District Azamgarh.

(2.) BRIEFLY the prosecution case, according to the First Information Report, is that Ram Ratan Yadav lodged the report on 3-4-2006 at 11. 10 a. m. against accused Faujdar Yadav, Ram Shabd Yadav and Lalmayan Yadav stating that he alongwith his elder brother Ram Bhajan Yadav were going through cycle to attend the Court of Additional Sessions Judge/fast Track Court No. 1, Azamgarh on 3-4-2006. Shashi Kant Yadav and his sister-in-law Smt. Malti Yadav were going to Azamgarh for medicine. When he and his brother reached near the culvert situated 1-1/2 away of village Chhatwara from behind Hero Honda motor-cycle of black colour had come, upon which all the three accused persons were sitting, accused Faujdar was sitting in the middle of the motor-cycle, upon his extortion Lalmayan, accused opened fire upon his brother but shot was not hit. Thereafter, his brother had run away towards east alter throwing his cycle. Same time Ramshabad Yadav and Lalmayan had stopped the motor-cycle and they had run behind him after covering 150 meter. He was surrounded at the Chak-road and he was caught hold by one Lalmayan and Ramshabad Yadav with the accused shot fire on his back. Consequently, he sustained fire-arm injury. Thereafter, accused persons fled away from the place of occurrence by extending threats. In injured condition he was taken to the hospital, where he was declared dead. Due to litigation of the cases, he has been murdered by them. Heard learned Counsel for the applicant and learned A. G. A.

(3.) LEARNED A. G. A. has opposed the bail application.