Ravindra Singh, J. - (1.) This application has been filed by the applicant Raj Kumar Yadav alias Raju Yadav with a prayer that he may be released on bail in case crime No. 71 of 2006, under Sections 302 and 120B I.P.C., P.S. Ahiraula, District Azamgarh.
(2.) The prosecution story, in brief, is that the F.I.R. has been lodged by Smt Sahista at P.S. Ahiraula, Azamgarh on 17.3.2006 at 10.30 p.m. in respect of the incident which had occurred on 17.3.2006 at about 8.30 p.m. The distance of the police station was about 8 km from the alleged place of occurrence. The F.I.R. was lodged against two motorcycle borne unknown miscreants, alleging therein that two motorcycle borne unknown miscreants came at the house of the first informant and the deceased was called by them. The deceased came out and started some conversation with them, but they caused a gunshot injury on the stomach of the deceased. After causing such injury they fled away towards Phulwaria Market by their motorcycle. The deceased in injured condition was taken to the hospital at Phoolpur by the first informant and witness Raj Kumar, but the deceased died in the way, therefore, the dead body was taken to her house by the first informant. Thereafter, she went to the police station to lodge the F.I.R. According to post mortem examination report the deceased had received only one firearm wound of entry. The injury was having blackening and charring and one yellow coloured metallic bullet was recovered from this wound and there was underlying bone fractured. During investigation the statement of the first informant was recorded, in which she stated that at the time of alleged occurrence the applicant was also present at the door. In his presence two unknown persons came there and one of them caused injury on the person of the deceased, but during investigation first informant Sahista, the applicant, Suresh Yadav and Firoz alias Sheru became the accused by alleging that the first informant was having illicit relations with the applicant. The informant and other co-accused persons hatched conspiracy. She gave a sum of Rs. 50,000/- to the applicant. The amount was transferred by the applicant to co-accused Suresh Yadav. Suresh Yadav and co-accused Firoz alias Sheru came at the door of the applicant and the shot discharged by co-accused Firoz alias Sheru hit the deceased.
(3.) Heard Sri Sheo Ram Singh and Sri Rajendra Kumar Yadav Learned Counsel for the applicant, learned A.G.A. for the state of U.P. and Sri S.K. Mishra learned Counsel for the complainant.;