NILESH KUMAR PANDEY @ CHHOTU Vs. STATE OF U.P.
LAWS(ALL)-2020-5-23
HIGH COURT OF ALLAHABAD
Decided on May 30,2020

Nilesh Kumar Pandey @ Chhotu Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

HONBLE JASPREET SINGH,J. - (1.) As per the guidelines laid down by the High Court, the urgent bail applications have been directed to be heard through video conferencing. Learned counsel for the applicant had made an application for urgency which was placed before the Court concerned and it has been allowed and it is in this fashion that the aforesaid bail application has been placed before this Court.
(2.) The Court has heard Shir Shailesh Kumar Srivastava, learned counsel for the applicant and Shri Ajay Kumar Singh Tomar, learned AGA via video conference.
(3.) The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the above case. It has been urged that as per the prosecution case, one Anuj Pandey, who is injured, was called by the applicant and both of them were having Paan-Masala and were standing. At that time, three persons riding unnumbered motorcycle opened fire on Shri Anuj Pandey. Shri Anuj Pandey was referred to Trauma Centre, Pragayraj and it is in respect thereto, an FIR was lodged on 12.03.2019 whereas the incident was of 05.03.2019. It has also been submitted that in respect of the aforesaid, the police arrested two persons namely Prashant Singh and Avanish Singh. In the statement given by these two persons to the police, it was stated that the injured had murdered Rahul Singh and some firearms were also recovered from them, therefore, they were taking revenge by shooting Shri Anuj Pandey. It has been submitted that no recovery has been shown against the applicant and moreover the persons, who gave the statement and the role has been assigned to them of shooting Shri Anuj Pandey have already been enlarged on bail and a copy of the bail order has been annexed as Annexure No.6 dated 23.12.2019.;


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