- (1.) THIS is the second bail application moved on behalf of the appellant Ram Narayan @ Ramu Kushwaha with the prayer that he may be released on bail during pendency of this appeal. His first bail application has been rejected as not pressed by the another Bench of this Court on 15.7.2013 by the another Hon'ble Judge of this Court.
(2.) FROM the perusal of the record, it reveals that the FIR of this case has been lodged by Samunder Singh on 15.5.2005 at 08.15 a.m. in respect of the incident allegedly occurred on 15.5.2005 at about 7.00 a.m. in which appellant, his son Tribhuvan @ Choto Kushwaha and his wife Smt. Shakuntla were named as accused, alleging therein that there had been dispute on account of demolishing the boundary of an agricultural field, appellant was armed with DBBL Gun, and discharged the shots towards the deceased and others, at the exhortation of his wife Smt. Shakuntla, consequently, two persons, namely, Vijay Singh and Jalandhar Yadav have sustained injuries, who died instantaneously. On sound of firing, injured Jaswant came at the place of the incident. He was also assaulted by the accused Tribhuvan @ Chotu Kushwaha by using spade blow. According to the post -mortem examination report the deceased Jalandhar Yadav had sustained three ante -mortem injuries in which injury no.1 was firearm wound of entry, injury nos.2 and 3 were abrasions and the deceased Vijay Singh Yadav had sustained 9 ante -mortem injuries in which injury nos.1, 2 and 5 were firearm wound of entry. The remaining injuries were abrasions. In support of the prosecution version, 12 witnesses have been examined and from the side of the defence D.W.1 has been examined. The first informant Samunder Singh has been examined as P.W.1. He claimed himself to be an eye -witness. According to his deposition, appellant Ram Narayan @ Ramu Kushwaha discharged shots, consequently, two persons, namely, Vijay Singh Yadav and Jalandhar Yadav sustained injuries. They died instantaneously. The injured Jaswant also came at the place of the incident. He was assaulted by the co -accused Tribhuvan @ Chotu Kushwaha by using the spade blow. According to the medical examination report, the injured Jaswant had sustained lacerated wound 5 cm x 1 cm x bone deep on forehead, he was medically examined on 15.5.2005 at 11.45 a.m. by a Medical Officer in T.B. Sapru Hospital, Allahabad. Injured Jaswant has been examined as P.W.2. According to his deposition also the appellant Ram Narayan @ Ramu Kushwaha discharged the shots by DBBL Gun, which caused injuries to the Vijay Singh Yadav and Jalandhar Yadav. There are minor contradictions in deposition of P.W.1 Samunder Singh and P.W.2 Jaswant.
(3.) IN such circumstances, appellant Ram Narayan @ Ramu Kushwaha is not entitled for bail. His bail prayer is refused. Accordingly, this bail application is dismissed.;