BABENDRA ALIAS BABBU Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed with a prayer by the applicant Babendra alias Babbu that he may be released on bail in Case Crime No. 71 of 2006 (S.T. No. 1555 of 2006) under Sections 302/34, I.P.C. P.S. Modi Nagar District Ghaziabad.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Raj Bahadur on 6 -3 -2006 at about 7.30 p.m. in respect of the incident which had occurred at about 1.00 p.m., the distance of the police station was about 1 k.m. from the alleged place of occurrence. The F.I.R. has been lodged against the applicant and two other co -accused namely Rakesh alias Billu and co -accused Satraj. It is alleged that on 6 -3 -2006 the deceased Amar Jeet Singh alias Ramji alongwith his family members and other villagers had come to the office of the Sugar Cane Society Modi Nagar for election of the delegates. The applicant was having enmity since the election of the Zila Panchayat, he had done marpeet with the driver of the first informant, and he had discharged shots at the door of the first informant. He alongwith the co -accused and other supporters had come to the office of for nomination. The deceased had filed his nomination and had made objection and and started some altercation. The deceased was caught hold by the co -accused. Thereafter, the applicant caused fire arm injury on the person of the deceased by country made pistol, the first informant and others made attempt to apprehend the applicant. The applicant and other co -accused persons successfully escaped from the alleged place of occurrence by extending threat showing the country made pistol. Due to the firing done by the applicant, a panic was created at the office of the Sugar Cane Society. The deceased was taken to Jiwan Hospital from where he was referred to Ghaziabad. The deceased was admitted in Yashoda Hospital where he was declared dead.

(3.) HEARD Sri G.S. Chaturvedi, Senior Advocate, assisted by Smt. Raj Laxmi Sinha, learned Counsel for the applicant, learned A.G.A. For the State and Dr. D.R. Chaudhary, learned Counsel for the complainant.