VIRENDRA YADAV @ DABLU Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by the applicant Virendra Yadav @ Dablu with a prayer that he may be released on bail in case crime No. 949 of 2006 under sections 302, 396 Penal Code and 7 Criminal Law Amendment Act, P.S. Jeeyanpur District Azamgarh.

(2.) Heard Dr. S.K. Yadav, learned Counsel for the applicant and learned A.G.A. for the State of U.P.

(3.) From the perusal of the record it appears that FIR of this case has been lodged by Veer Bahadur Rai on 16.10.2006 at 4.05 P.M. in respect of the incident which had occurred on 16.10.2006 at 3.00 P.M. The distance of the police station concerned was about five kilometres from the alleged place of occurrence. The applicant, co-accused Santosh Mishra and co-accused Sandeep Rai are named in FIR, one miscreants was unknown. According to the prosecution version on account of old enmity the applicant and other co-accused came on a motorcycle, the deceased and first informant was also on a motorcycle. Due to old enmity the deceased tried away to run from the place of occurrence but he was caught hold by the co-accused Santosh Mishra but he released from the clutches of co-accused Santosh Mishra, again he tried to run away then the applicant, co-accused Sandeep Rai and one unknown miscreant discharged the shots by their country made pistols. The deceased sustained gun shot injuries and died instantaneously. Due to above incident the panic was created even the movement of the people on the road was stopped. According to the post-mortem examination report the deceased has sustained eight ante-mortem injuries in which injuries No. 1, 3, 5 and 7 were gun shot wounds of entry and rest of the injuries were gun shot wounds of exit. Learned Counsel for the applicant stated that the deceased was a criminal and the place of the incident has not been shown in the site plan. The prosecution story is not corroborated by the post-mortem examination report.