DURGA UPADHYAYA Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This is the first bail application moved on behalf of applicant Durga Upadhyaya, involved in case Crime No. 96 of 2006, under Sections 147, 148, 149, 307, 302, 504 and 506, I. P. C. , Police Station Dubaulia, District Basti.

(2.) HEARD Sri V. P. Srivastava, Senior Advocate, assisted by Sri Lav Srivastava, learned Counsel for the applicant and Sri Prabhakar Singh, learned Counsel appearing on behalf of the complainant as well as the learned A. G. A. I have also perused the whole records.

(3.) ON the other hand, the learned Counsel appearing on behalf of complainant as well as learned A. G. A. has submitted that the bail application of co-accused Raju, whose role was also similar to that of the present applicant, had already been rejected on 17-8-2006 by Hon'ble Ravindra Singh, J. vide order passed in Criminal Misc. Bail Application No. 16676 of 2006. This is a case of broad day light incident of murder wherein the eye-witnesses saw the incident in their presence and their presence cannot be doubted at the place of occurrence. It is further submitted that the country made pistol, which was allegedly used by the applicant, was also discovered. ON his pointing out, the blood stained shirt of the deceased was also found near the dead-body of the deceased. Therefore, it cannot be said that it has been introduced later on. According to the post-mortem report, two fire-arm injuries were found on the dead-body of the deceased, which supported the prosecution version. In such circumstances, the bail application of the present applicant is liable to be rejected.