VEDPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Misc. Bail Application No. 26580 of 2006 has been filed by the applicant Vedpal Singh and Criminal Misc. Bail Application No. 27611 of 2006 has been filed by the applicant Sanjeev Rai with a prayer that they may be released on bail in Case Crime No. 15 of 1995, under sections 304/34, LP.C., P.S. Raipura, District Chitrakoot. Both the applicants are accused in same Case Crime No. 15 of 1995, therefore both the applications are being disposed of by a common order.

(2.) The prosecution story, in brief is that the first information reports of these cases have been lodged by Sunder Lal on 9.2.1995 at 11.30 p.m. in respect of the incident which had occurred on 9.2.1995 at about 12 O'clock in day. Both the applicants are named in the F.I.R. It is alleged that the applicant Vedpal Singh, who was station officer of Police Station Vahilpurwa apprehended the deceased from Bodi Pokhari Chauraha and by force he was taken to Police Station Karvi through jeep where he was beaten to death by the applicants and others persons, the alleged incident was witnessed by many passers by but due to fear of police, nobody was ready to depose the evidence. According to the post-mortem examination report, the deceased had received seven ante-mortem contusions, mark of blood discharge per nostril and faceal discharge were present, the cause of death was syncope due to ante mortem injury and underlying pathology in lungs.

(3.) Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Atul Tej Kulshrestha, learned Counsel for the applicant Vedpal Singh, Sri D.S. Tiwari and S.P. Rai, learned Counsel for the applicant Sanjeev Rai, learned Counsel for the applicant and learned A.G.A. for the State of U.P.