SURENDRA SINGH GRETA Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicant Surendra singh Greta with a prayer that he may be released on bail in Case Crime No. 179 of 2007 under section 302 IPC P. S. Heempur district Bijnor.

(2.) THE prosecution story in brief is that the FIR of this case has been lodged by munna Singh on 10. 3. 2007 at 5. 00 p. m. in respect of the incident which had occurred on 10. 3. 2007, the distance of the police station was about 20 k. m. from the alleged place of occurrence. The applicant and the co-accused Pramod Surya are named in the fir. It is alleged that one day prior the alleged incident i. e. on 9. 3. 2007 the first informant, his nephew and the deceased Sunil kumar alias Bablu and Kailash were sitting on Poonam Studio, at that time dushyant, owner of the studio was present there, meanwhile the co-accused Pramod surya and Sunil came at that shop and told that they have to drop quilt and cushion (Lihaf and Gudda) at the farm house of the applicant, at about 6. 30 p. m. two vehicles loaded with quilt and cushion came there in which they boarded it and left the shop of studio. The first informant also left the shop and went to his village but the deceased did not come in the night, the first informant along with other villagers went in search of the deceased, on 10. 3. 2007 when they were going towards Jalilpur, they met with Sudhir Kumar and Kailash, they were apprised by Sudhir that Sunil has been killed by the applicant and co-accused pramod Surya at his Dera Greta Farm and thereafter his dead body has been thrown into a Jungle by his vehicle, then the first informant and other persons reached in jangle in search of the dead body of the deceased and found the dead body lying there. The applicant has asked to pay Rs. 10 lacs for making false allegation against Sherbaz, chairman of Chandpur, who was having enmity with him.

(3.) ACCORDING to the post-mortem examination report the deceased has sustained one gun shot wound of entry. The applicant applied for bail before the learned Sessions judge, Bijnor who rejected the same on 31. 10. 2007, being aggrieved from the order dated 31. 10. 2007, the present bail application has been filed by the applicant.