PINTU ALIAS PAWAN Vs. STATE OF U P

JUDGEMENT

(1.) This bail application has been filed by the applicant Pintu alias Pawan with a prayer that he may be released on bail in case crime No. 194 of 2009, under Section 302, I.P.C, Police Station Jahangirabad, District Bulandshahar.

(2.) The facts, in brief, of this case are that the information was given to the police station concerned by Ashok Kumar on 24.5.2005 at 8.30 a.m. that the dead body of the deceased was lying on a road side, on that information, the police came at the place of occurrence and inquest report was prepared and dead body was sent to post mortem examination. The dead body of the deceased could not be identified by that time. According to the post mortem examination report the deceased had sustained ante mortem fire arm wound of entry having its exit wound, thereafter on 25.5.2009 an application was given by Ram Kumar at police station Jahangirabad alleging therein that on 23.5.2009 at about 10.00 a.m., his son Devendra along with Amit alias Citi had gone from his house to purchase seeds but he did not return upto to evening, on search, he was informed by. Shreya that he saw the deceased Devendra when he was going on motor cycle which was driven by the applicant, the co-accused Amit @ Citi was also a pillion rider of the same motor cycle, thereafter, the first informant Ram Kumar came to the house of Amit but he was not present at his house, he was informed by one Girish Chandra that in a paper the information was published that a dead body of a person was recovered from the area of police station Jahangirabad on that information, he came to Bulandshahar and saw the dead body at the Mortuary and identified the dead body of the deceased Devendra, it is alleged that on account of pendency of the litigation with the applicant, the deceased had been murdered.

(3.) Heard Sri Gaurav Kakkar, learned counsel for the applicant, learned A.G.A.for the State of U.P. and Sri Mukhtar Alam, learned counsel appearing on behalf of the complainant.