ASHISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) -This bail application has been moved by the applicant Ashish Kumar with a prayer that he may be released on bail in Case Crime No. 217 of 2007 under Sections 147, 148, 149, 302, 307, 323, 504, 506 and 436/34, I.P.C. P.S. Rajghat district Gorakhpur.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Smt. Rita Devi on 26.3.2007 at 2.30 p.m. in respect of the incident which had occurred on 26.3.2007 at about 5.30 a.m., the distance of the police station was about 1 km. from the alleged place of occurrence. THE applicant and six other co-accused persons are named in the F.I.R. and five miscreants were unknown. It is alleged that the applicant and other co-accused persons attacked on the deceased and his brother Anant Kumar when they were providing fodder to the cow. it is alleged that the co-accused Basu was having a gallon filled with petrol, co-accused Sunder and Vijay were armed with pharsa, co-accused Ghan Shyam was armed with spear, co-accused Braj, co-accused Raj Kumar and the applicant were armed with lathi, five unknown person were armed with pistals and gun. THE accused persons who were armed with lathi, pharsa and bhala assaulted the deceased and the injured, at the exhortation of the co-accused Basu. THE co-accused who were armed with gun and pistol discharged the shots which created a terror. THEreafter, the co-accused Banu, co-accused Sunder and co-accused Vijay poured petrol at the hut and was set on fire. THE deceased and the injured were taken to the hospital Gorakhpur where the deceased was declared dead and the condition of the injured Anant Kumar was very serious. He was referred to the Medical College.

(3.) HEARD Sri P. C. Srivastava, learned counsel for the applicant, learned A.G.A. and Sri S. K. Chaturvedi learned counsel for the complainant.