- (1.) VINOD Prasad, J. Applicant Ram Chandra Yadav alias Phauji has applied for bail before this Court under Section 439 Cr. P. C. , after the same was rejected by Special Judge, SC/st Act, Allahabad on 24-8-2006, in Crime No. 175 of 05 under Sections 323, 504, 506, 325, 302 IPC and Sections 3 (2) (5) SC/st Act, P. S. Nawabganj, District Allahabad.
(2.) THE prosecution allegation against the applicant is that on the intervening night between 25/26-7- 2005 Suresh Yadav, who was the nephew of the present applicant Ram Chandra Yadav alias Phaujia, village Pradhan was murdered and his dead- body was found lying near the brick cline of Abrar. Hearing about the said murder, informant Mangal Singh alongwith his brother Pradeep Kumar, Jagdeep Kumar and son Dheeraj Kumar went there to see the dead-body of the deceased. THEre many people of the village were collected. It is alleged that the present applicant Ram Chandra Yadav alias Phauji alias Ram Dhani, Kulley Yadav, Jhhallar Yadav and Guddu Yadav, on seeing the informant Mangal Singh, his two brothers and son Dheeraj Kumar, abused and leveled the allegation against them that they had murdered Suresh Yadava. All the four persons caught hold of Pradeep Kumar and started belabouring him with lathi, danda and bricks. THE informant Mangal Singh and his companions tried to save Pradeep, but they were also chased for being assaulted. THE aforesaid four accused also belaboured Sundar Lal, the father of the informant, Smt. Jaimul Nishan w/o Late Nabbu. After the said assault the applicants make their escape good. Pradeep Kumar injured had received serious injuries and was lying on the northern side of Ram Lal's field. THE local police meanwhile arrived and transported the injured Pradeep Kumar to the Government Hospital but he died in the mid way. This incident is alleged to have taken place on 26-7-2005 at about at about 7 a. m. THE informant got the FIR scribed through Rajendra Kumar Singh and lodged it at the Police Station Nawabganj, District Allahabad at 3. 10 p. m. that day as crime No. 175/05, under Section 323, 504, 506, 336,304 IPC, after covering a distance of 11 Km from his village. Autopsy on the dead-body of the deceased was performed on 27-7-2005 at 3. 30 p. m. and the deceased was found to have sustained following injuries: (1) Multiple abraded contusions all over body except both sales and palm. (2) Lacerated wound 4 cm. x 0. 5 cm. x scalp deep on left side on the head 6 cm. above the left ear. (3) Lacerated wound 1. 5 cm. x 1 cm. left side of head. (4) Incised wounds each measuring 2 cm. x 1 cm. x bone deep on the front and the outer aspect of left leg. (5) Two incised wounds each measuring 1. 5 cm. x 0. 5 cm x bone deep on the outer aspect of right leg. THE cause of death was shown to be shock haemorrhage. Injured Sundar Lal was medically examined on 26-7-2005 at 11. 20 p. m. in M. L. M. N Hospital Allahabad and following injuries were found on his body: (1) Lacerated wound 2 cm. x 1 cm. on dorsal aspect of right hand, 2-cm. below base of right little finger. (2) Contusion 10 cm. x 8 cm. on dorsal aspect of right hand, blue in colour. (3) Contusion 2 cm. x 8 cm. on left knee on left leg 12 cm above the left ankle joint blue in colour. (4) Contusion 12 cm. x 10 cm. on right knee joint below in colour. According to the doctor all injuries were caused by hard and blunt object and injury No. 1 was found to be simple and for rest of the injuries, x-ray was advised.
(3.) ON these facts the applicant has applied for his bail after its rejection by the lower Court as is mentioned above. I have heard Sri V. P. Srivastava learned senior Counsel assisted by Sri Shiva Ji Srivastava on behalf of the applicant and learned AGA as well as Sri Deepak Dubey learned Counsel for the informant. Counter- affidavit filed by Sri Deepak Dubey and rejoinder affidavit filed by Sri Shiva Ji Srivastava are taken on record.;