Ravindra Singh, J. - (1.) This application is filed by the applicant Abhimanyu Singh alias Damphal with a prayer that he may be released on bail in case crime No. 65 of 2005 under Sections 147,148,149,307,302/34 I.P.C. P.S. Nadigaon district Jalaun.
(2.) According to the prosecution version, the F.I.R. of the present case has been lodged by one Mahendra Kumar Sharma at Police Station Nadi gaon on 14.6.2005 at 7.45 p.m. in respect of the occurrence which had occurred on 14.6.2005 at about 5 p.m. The distance of the police station was about 200 meters from the alleged place of occurrence. The F.I.R. was lodged against the applicant and five other co-accused persons. According to the prosecution version, the first informant, who is the father of the deceased Ashok Kumar Sharma, his brother Jitendra Kumar and his sister's son Abhivyas had gone to the market of Nadigaon for purchasing some articles, when they reached near the shop of one Farid Qadri, one Marshal Jeep came there and from that vehicle applicant and other co-accused persons came out who were armed with weapons and all the accused persons in abusive language stated that the deceased be murdered to finish his leadership. Thereafter the applicant fired at the deceased. The co-accused Tajuddin and Manvendra Singh fired at the first informant, but he did not receive any injury. Due to firing done by the applicant and other co-accused persons, the atmosphere of terror and fear was developed in the market. Consequently, the shopkeepers ran away from the shops by shutting down their doors. Thereafter all the accused persons left the place of occurrence by showing the weapons and discharging the shots. The alleged occurrence was witnessed by some persons including Bhanwar Singh and Raghvendra Singh. The deceased in injured condition was taken to the hospital at Konch by his vehicle but he died in the way. The dead body of the deceased was taken to hospital, leaving the dead body here the first informant went to the police station where he lodged the F.I.R.
(3.) Head Sri Satish Trivedi, Senior Advocate assisted by Sri M.C. Chaturvedi and Sri S.C. Dwivedi, learned Counsel for the applicant and the learned A.G.A. on behalf of the State of U.P.;