ARVIND Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by the applicant Arv ­ind with a prayer that he may be released on bail in Case Crime No. 159 of 2006 un ­der section 302 IPC, P.S. Karhal, District Mainpuri.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Sanjeev Gupta at P.S. Karhal on 9.5.2006 at 12.30 p.m. in respect of the incident which had occurred on 9.5.2006 at about 7.00 a.m., the distance of the police station was about 10 km. from the alleged place of occur ­rence. It is alleged that deceased Om Prakash Gupta was Dakpal of Bhora Branch, he has left his house on 9.5.2006 at about 7.00 a.m. to distribute the posts when he did not return to his house up to 9.00 a.m. the applicant and Ram Shanker pro ­ceeded towards the village Aspura by a motorcycle when they reached near Asrauli and saw that the applicant and three other co -accused persons were assaulting the deceased by iron rods, the accused persons were having iron rods and country made pistols etc. The accused persons were shouting and uttering that the deceased be killed today when they were challenged by the first informant and others they escaped from the alleged place of occurrence by a vehicle. After sustaining the injuries the deceased was lying on the ground but he disclosed the name of the accused persons consequently he became unconscious and died. It is alleged that the accused persons had made a murderous assault on the de ­ceased prior five or six years back of the alleged incident and they had looted the DHL gun and the money, it's case is pend ­ing before the Court concerned. In that in ­cident the deceased was the star witness. Prior the alleged incident the accused per ­sons were extending the threats to the de ­ceased, it's complaint was made by the de ­ceased to S.P. Mainpuri and Superinten ­dent of Post Office/Mainpuri.

(3.) HEARD Sri Manish Tiwary and Sri Ashwini Kumar Awasthi, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Sushil Dubey and Sri J.K. Mishra, learned Counsel for the com ­plainant.