GYANENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by the applicant Jayveer Singh @ Jasveer Singh with a prayer that they may be released on bail in case crime No. 933 of 2008 under Sections 394, 302,411, IPC, PS. Wajeerganj, District Badaun.

(2.) The facts, in brief, of this case are that FIR has been lodged by Munendra on 25.10.2008 at 2.30 A.M. in respect of the incident which had occurred on 25.10.2008 at 1.15 A.M. The distance of the police station concerned was about 3 half kilometers from the alleged place of occurrence. One Vijendra son of Ram Chand Pali has been named in the FIR as accused, three miscreants were unknown. It is alleged that first informant, his brother deceased Sarvesh Kumar, sister-in-law Smt. Rama Devi, mother Smt. Phoola Devi and sister Km. Suman were sleeping at their house, at about 1.15 A.M. four miscreants entered into the house, they snatched the chain and purse etc. of Smt. Rama Devi, on that, the b shouting was made by the deceased and his wife one of the miscreant was caught hold by the deceased then a gun shot injury was caused on the person of the deceased consequently he died on the spot. Smt. Phoola Devi, the mother of the deceased was also beaten by the miscreants, they were identified in the electricity and torch light, when they were going from the village after committing the aforesaid offence, they were prevented by one Kallu who was looking after the C tube well, he was also killed by them.

(3.) Heard Sri Ravindra Sharma, learned counsel for the applicant, learned A.GA. for State of U.P, Sri Ram Babu Sharma, learned counsel for the complainant and perused the record.