- (1.) HEARD Sri V.P. Srivastava, Senior Advocate assisted by Sri Lav Srivastava and Sri A.N. Pandey, learned counsel for the appellant, learned A.G.A. for the State of U.P., Sri Satish Trivedi, Senior Advocate, assisted by Sri Ajay Kumar Pandey, learned counsel for the complainant and perused the lower court record.
(2.) THIS is second bail application moved on behalf of the appellant Rakesh Kumar Pandey @ Daddu Pandey. His first bail application has been rejected by the another bench of this court on 13.09.2012 after considering the merits of the case.
(3.) FROM the perusal of the record, submissions made by learned counsel for the appellant, learned A.G.A. and counsel for the complainant it reveals that the deceased was witness in murder of his brother Surendra Kumar Dwivedi which was allegedly committed by the appellant and his brother Munna Pandey. It is a case in which the FIR was lodged by Sudhir Kumar Dwivedi on 18.7.2005 at 10 P.M. in respect of the incident allegedly occurred on 18.07.2005 at about 8.45 P.M. In the FIR nobody was named as accused, the first informant was not eye witness. According to the FIR the incident was witnessed by Sushil Kumar Tripathi, Nagendra Dwivedi and many other persons, the persons who witnessed the incident were able to identify the accused because at the time of commission of the alleged offence there was sufficient light. One other brother of the first informant namely Surendra Kumar Dwivedi was already killed on 24.5.2004 in which Rakesh Kumar Pandey @ Daddu Pandey and Munna Pandey were accused. Its FIR was lodged by the deceased Suresh Dwivedi in which Daddu Pandey was released on bail but accused Munna Pandey was on jail whose bail application was rejected by the Hon'ble High Court. During course of investigation the name of the appellant came to light. In support of the prosecution version eleven witnesses have been examined. The eye witness Nagendra Kumar Dwivedi has been examined as P.W. 2 and witness Sushil Kumar Tripathi has been examined as P.W. 3. The appellant has been identified by the witness P.W. 2 Nagendra Kumar Dwivedi in the court. According to his deposition, he caused gun shot injury to the deceased. The P.W. 3 Sushil Kumar Tripathi also identified the appellant in the court. It is a case in which the appellant was already accused in a murder of deceased's brother Surendra Kumar Dwivedi, he was released on bail, the FIR of that case was lodged by deceased of the present case. The deceased has been killed. The gravity of the offence is too much. IN such circumstances, the appellant is not entitled for bail. The prayer for bail is refused. Accordingly this bail application is dismissed.;