ABHAI NATH CHAUBEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application under Section 439 Cr.P.C. filed by Informant-applicant praying for cancellation of bail granted to opposite party no.2 i.e. Ajay Singh @ Ajay Mardah vide order dated 23.10.2017 passed by Sri Alok Saxena, Sessions Judge, Varanasi, in Bail Application No.2954 of 2017 in Case Crime No.378 of 2015 under Sections 147, 148, 149, 302 and 120 B, IPC, Police Station Chaubepur, District Varanasi.

(2.) The facts in brief, as evident from record are that First Information Report (hereinafter referred to as "FIR") being Case Crime No.378 of 2015 dated 4.12.2015 under Sections 147, 148, 149, 302 and 120 B, IPC was registered at Police Station Chaubepur, District Varanasi on the information by Abhai Nath Chaubey (hereinafter referred to as "Informant-applicant"). FIR alleges that on 04.12.2015 Ram Bihari Chaubey, father of Informant - applicant was reading newspaper sitting in the cottage (madhai), situate near the gate of his house. On or about 7:15 a.m., two young persons entered the house through main gate. Kids were playing thereat and from them, above two young lads enquired about Ram Bihari Chaubey. On being told that he was in the cottage, above two persons straightaway went to the cottege and opened several rounds of fire upon Ram Bihari Chaubey. Hearing the sound of firing, Informant-applicant came out of his house and saw these two persons running towards gate of the house and 2-3 persons were already standing there and all of them ran away on two motorcycles. Informant-applicant reached inside the cottage, found his father in badly injured state, bleeding, lying on chair. With the help of his servant Sandeep, cousins Pramod and Pawan, Informant-applicant brought his father to Singh Medical, Varanasi, for treatment, wherefrom he was referred to B.H.U. but doctors declared him dead when reached B.H.U.

(3.) This FIR was registered against unknown persons. Police made investigation and arrested accused -opposite party no.2 as also another one Ashutosh Singh alias Sunny Singh, said to be co-accused in the crime. Co-accused Ashutosh Singh alias Sunny Singh was enlarged on bail by this Court vide order dated 20.09.2017 passed in Criminal Misc. Bail Application No.35726 of 2017.