MAIKU Vs. STATE

JUDGEMENT

(1.) THIS is an application for bail moved on behalf of Maiku, I had by my order dated 27-5-1977 after setting aside the order dated 22-4-1977 passed by the Sessions Judge, Unnao, had directed the applicant to be released on bail for reasons to follow subsequently. I now proceed to give reasons for that order.

(2.) BRIEFLY stating the facts are that four persons, namely Ali Ahmad, Yousuf alias Munna, Saubad Ali and the present applicant Maiku had been apprehended in connection with Crime No. 194 relating to Police Station Fatehpur Chaurasi, District Unnao on the charge of murder of one Maqsood Ali at about 6 P. M. on 13-11-1976. The report of the incident was lodged at Police station Fatehpur Chaurasi on 13-11-1976 at 9. 30 P. M. by Mahfooz Ali, brother of the deceased. The motive alleged in the report was that about a year ago a quarrel had taken place between deceased and Maiku on the question of cutting of mend in the field. About two months prior to the occurrence the dispute was got settled by the villagers but Maiku still continued to bore grudge in his heart against the deceased. On the fateful day while the deceased and his brother were returning from the field at about 6 P. M. and had reached near the wheat field of accused Yousuf alias Munna all the four accused met them. Maiku accosted that it was a good opportunity and the deceased should not be allowed to go alive. On this Yousuf alias Munna fired a shot at the deceased who ran crying. Yousuf alias Munna and Ali Ahmad pursued and kept on firing from behind on the deceased on account of which he fell down, whereupon the applicant Maiku and Saubad Ali assaulted the deceased by Bankas. The deceased succumbed to the injuries at the spot. Ali Ahmad was granted bail by the Sessions Judge on 7-2-1977. The prayer for bail by Maiku was, however, rejected by the Sessions Judge on 4-3-1977. On 28-3-1977 Yousuf alias Munna was granted bail by Hon'ble S. K. Kaul, J. The present applicant Maiku thereafter moved a second bail application for his release which after being adjourned on few dates ultimately came up for consideration on 7-4-1977 before the Sessions Judge. The learned Judge after perusal of the order passed by Hon'ble Kaul, J. allowed bail to the applicant on the ground that the applicant was only armed with a Banka, The Public Prosecutor, it appears, thereafter moved an application for cancellation of bail, and the learned Sessions Judge, vide his order dated 22-4-1977 cancelled the bail of the applicant. This is how the applicant has come up before this Court.

(3.) I have heard learned Counsel for the parties and perused the order passed by the learned Sessions Judge and I have also gone through the averments made in the affidavit. It may be mentioned that no counter affidavit has been filed in rebuttal by the State.