Vinod Prasad, J. - (1.) The applicant Kukku Balmiki alias Member has prayed for his release on bail through this present application under Section 439, Cr. P.C. in Crime No. 256 of 2006 under Section 302/34, I.P.C., Police Station Kotwali, district Badaun. His bail prayer has been rejected by the Sessions Judge, Badaun vide his order dated 19.5.2006.
(2.) The prosecution allegations against the applicant as perceptible from the F.I.R. lodged by Swadesh Misra on 15.3.2006 at 12.30 p.m. at Police Station Kotwali, district Badaun (Crime No. 256 of 2006) under Section 302/34, I.P.C. are that the brother of informant Mukesh Sharma alias Pappu alias Gola Giri was convicted for life imprisonment in the murder case of Ram Nivas father of Sanjeev Sharma and he was on bail in the appeal filed by him against his said conviction. Motivated by the aforesaid enmity when the aforesaid Mukesh Sharma alias Pappu alias Gola Giri was enjoying the Holi festival on 15.3.2006 at 11.30 a.m. then Sanjeev Sharma aforesaid accompanied by the present applicant Kukku Balmiki alias Member and two other persons surrounded and shot at him as a result of which he sustained injuries and fell down infront on the pedestal of the temple. This shooting spree was witnessed by the informant Swadesh Misra, his father Ramesh Prasad Sharma, Virendra and Brijpal Singh. On challenge being thrown to the accused persons they made their escape good towards north threatening the witnesses to shoot them down in case of chase. It is further alleged that the unknown assailants can be identified in case they are brought before the informant. The incident resulted in a large commotion and people ran hither and thither and closed the doors of their houses. While the injured Mukesh Sharma was being transported to the hospital on a rickshaw, he lost his breath in the way. The post mortem report of the deceased, which was conducted on 15.3.2006 indicates that the deceased had received three fire arm injuries and the same number of exit wounds. With such factual matrix since the applicant was not granted bail by both the courts below, he has filed the present application to be released on bail. One more fact requires to be mention here is that in the aforesaid crime charge-sheet has already been submitted by the Police on 12.4.2006 for offences under Section 302/34, I.P.C. in the Court of C.J.M., Badaun.
(3.) I have heard Sri J. S. Sengar, learned Counsel assisted by Sri Ajit Kumar Singh Solanki, advocate, for the applicant in support of this bail application and the learned A.G.A. in opposition.;