RAJU Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicant Raju with a prayer that he may be released on bail in case Crime No. 367 of 2007 under sections 147, 148, 149, 302, 34 IPC, P. S. Nadigaon, district Jalaun.

(2.) THE prosecution story in brief is that the FIR of this case has been lodged by Ram babu Kushwaha on 5. 9. 2007 at 5. 20 p. m. in respect of the incident which had occurred on 5. 9. 2007 at about 4. 30 P. M. in which the applicant and four other co-accused persons are named as accused. It is alleged that on 5. 9. 2007 at about 4. 30 p. m. , Bahadur, ashok, the deceased Jabar Singh were going on motorcycle towards Parsani but in the way near the field of one Shiv Kumar the applicant, armed with licensed rifle, co-accused Swaroop Singh armed with rifle, co-accused Udai Veer armed with DBBL gun, the co-accused Pawan and Raghvendra armed with country made pistols discharged the shots, consequently the deceased and other persons started running towards the field leaving the motorcycle but the deceased jabar Singh was caught hold by the applicant and other co-accused persons, he Was beaten by the buts of the gun, when he became unconscious he was caught hold by the co-accused Swaroop Singh, Udai Veer Singh and Pawan thereafter a Mahendra Tractor was passed over consequently the deceased has died. According to the post-mortem examination report of the deceased, he has sustained nine injuries in which injury Nos. 1, 2 and 3 were lacerated wounds, injury no. 4 was abraded contusion, injury Nos. 8 and 9 were contusions and injury Nos. 5, 6 and 7 were abrasions. The applicant applied for bail before learned Sessions Judge, jalaun at Orai who rejected the same on 7. 11. 2007. Being aggrieved from the order dated 7. 11. 2007 the applicant has moved the present bail application.

(3.) HEARD Sri U. C. Misra, learned Counsel for the applicant, learned AGA for the state of U. P. and Sri Vikas Tiwari, learned counsel for the complainant.