JITENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh-This application is moved by the applicant Jitendra Kumar with a prayer that he may be released on bail in Case Crime No. 357 of 2006, under Sections 147, 148, 149, 307, 302, 427 and 120B, I.P.C., P.S. Gursarain, district Jhansi.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Balmukund on 10.7.2006 at 6.15 p.m. in respect of the incident which had occurred on 10.7.2006 at about 4.45 p.m. THE distance of the Police Station was about 7 kms. from the alleged place of the occurrence. THE applicant and seven other co-accused persons are named in F.I.R. It is alleged that on 10.7.2006 at about 4.45 p.m., the first informant alongwith Raj Bahadur, Deepak Kumar, Udit Narain and Ram Sewak were going by a Tractor bearing Registration No. U.P. 93C-12744, deceased Jagat Prakash and deceased Vijay Prakash were going towards Gurusarain on Freedom L.M.L. Motor Cycle. THE deceased Vijay Prakash was having a rifle and the deceased Jagat Prakash was having a S.B.B.L. gun on their shoulders but in the way, one utility Mahendra Safari overtook the tractor of the first informant in which the applicant and other co-accused persons were sitting and blocked the way of the motor-cycle of the deceased and the co-accused persons came out from their vehicle and without giving any chance for thinking, the co-accused Haridesh Kumar, Rahul Kumar and Devendra Kumar discharged the shots by their D.B.B.L. gun, co-accused Vinay Kumar armed with farsa, the applicant and co-accused Anirudh Kumar and Sanad Kumar armed with axes, co-accused Rakesh Kumar armed with baka dragged out the deceased from the motor-cycle and snatched their gun and rifle and cartridges and some were beaten and caused injury by using the farsa, axes and baka blows, accused persons discharged the shots towards the first informant and others also but fortunately no injury was caused. According to the post-mortem examination report, the deceased Jagat Prakash and Vijay Prakash sustained so many injuries as incised wounds the lacerated wound and contusions.

(3.) IN reply of the above contentions, it is submitted by the learned A.G.A. and learned counsel for the complainant that the alleged occurrence had taken place in the broad day light in the presence of the witnesses, the F.I.R. has been promptly lodged, the applicant is named in the F.I.R., the prosecution story is fully corroborated by the medical evidence, the applicant was armed with axe and both the deceased had received injuries caused by sharp edged weapons and the manner in which the alleged occurrence has taken place, one contusion and lacerated wounds could be caused, the lacerated wound may be caused by the fire-arm also and there is no material to show that the F.I.R. of this case is anti-timed and in the present case two persons have been murdered. The applicant was having strong motive. IN case he is released on bail, he shall tamper with the evidence.