- (1.) K. S. Rakhra, J. The applicant is an accused and is seeking bail in crime No. 140/2004 under Median 147, 148, 149, 120- B/302/504/506 IPC police station Kotwali Akbarpur District Ambedkarnagar.
(2.) THE matter relates to murder of Anand Singh alias Kaire Singh who was done to done to death on 23- 7-2004 in front of Telephone Exchange at Akbarpur of District Ambedkarnagar. Sri Sanjiv Kumar Singh brother of deceased claiming himself to be an eye-witness, lodged FIR at 13:35 hours on the date of incident itself against 6 persons including the present applicant and adding that they were accompanied by two more unknown persons and that the incident took place at 12:35 in the noon. According to him, the deceased was standing with him in front of Telephone Exchange alongwith the witness Ram Sen Singh and Satyavan Singh. All of sudden, the accused 1) Krishna Kumar Pandey alias Kakkoo Pandey; 2) Guddu Gaur; 3) Rajan Gaur; 4) Manoj Tiwari alongwith 2 other unknown persons, arrived there on a motor cycle and a Bolero Jeep. THEy were armed with revolver, pistols and country made pistols. Exhorting each other, they opened fire on him. After committing this crime they fled from the place of occurrence on their vehicles. THE informant with the help of persons who had gathered on the spot, shifted the victim to the hospital on a Jeep which was found standing nearby. THE victim, however, died on way to hospital. In the FIR, it was stated-that this crime has been committed at the instance of present applicant Pawan Pandey who is Ex-MLA and one Vipin Mishra who were in conspiracy with those who committed crime on the spot. It was stated that the applicant and his brother Kakkoo Pandey had enmity with the deceived. It is alleged that two of the co-accused namely Manoj Tiwari and Krishna Kumar Pandey alias Kakkoo Pandey were apprehended by the police within an hour of commission of crime when they were trying to run away and were given chase by the police who had received information about the crime on RT Set. In the course of that arrest, they had opened fire on the police party and a case under Section 307 IPC and under the provisions of Arms Act was registered against them. From Krishna Kumar Pandey alias Kakkoo Pandey, the pistol said to have been used in commission of crime and some live bullets and empty shells of the bullet were recovered. The matter was investigated by the civil police and a charge-sheet was submitted by them on 9-8- 2004 against all the persons. The brother of the applicant who is an MLA, himself made some representation or complaint to the Government that his brother was falsely implicated. On this, further investigation was ordered through CB CID. Subsequently, CB CID also submitted a charge-sheet on which the incharge CJM has taken cognizance on 17-9-2005. Earlier, on the charge-sheet submitted by the civil police also the CJM had taken cognizance oil 11-8-2004. The applicant has filed an application (Crl. Misc. Case No. 1020 of 2006) on which this Court vide order dated 20-4-2006, has stayed further proceedings in the charge-sheet No. 18 of 2005 dated 12-9-2005 filed by CB CID.
(3.) KRISHNA Kumar Pandey alias Kakkoo Pandey co-accused has already been admitted to bail in crime No. 141 of 2004 under Section 307 IPC and 3 (1) of U. P. Gangsters Act, vide order dated 22-9-2005 of this Court in Criminal Misc. Case No. 1864 (B) of 2005. According to the prosecution, Vipin Mishra co-accused who is allegedly involved in conspiracy as the present applicant, was she person who had gone to the deceased at his lodge and brought him to the place of occurrence on till pretext that pro-paid card of Telephone Department were being issued and they may collect the same. This Vipin Mishra has already been admitted to bail by this Court on 10-12- 2004, vide order of this Court in Crl. Misc. Case No. 5281 (B) of 2004.;