ARUN TANDON,J. - (1.) Heard Sri Satish Trivedi and Sri Gopal Chaturvedi, senior Advocates assisted by Sri Ramji Tripathi, Advocate on behalf of the applicant, learned A.G.A. for the State and Sri Dileep Kumar assisted by Sri Rajshree Gupta, Advocate on behalf of the opposite party.
(2.) This is the second bail application made by Sri Prem Sagar Pandey for his being enlarged on bail in Special Sessions Trial No. 68 of 2011, State Vs. Dilip Mishra and others arising out of Case Crime No. 237 of 2010 under Sections 302, 307, 427, 429, 120B I.P.C. and Section 3/5 of Explosive Substance Act and Section 7 Criminal Law Amendment Act and Section 2/3 (1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Allahabad during the pendency of trial.
(3.) Brief facts of the case, according to the F.I.R., are that the complainant Kamal Kumar stated in his report that he is the cousin brother of Nand Gopal Gupta @ Nandi and for the last 4 -5 years, he is living with Nand Gopal Gupta and looking after his business. Dilip Mishra, Block Pramukh, Chaka is a notorious criminal and having enmity with Nand Gopal Gupta @ Nandi. Rajesh Yadav and Kripa Shanker Pandey, who are the members of the gang of Dilip Mishra, told the first informant 4 -5 days prior to the incident that they had managed everything and Dilip Mishra would get Nand Gopal Gupta @ Nandi murdered. It has been further stated that the complainant told all theses things to Nand Gopal Gupta @ Nandi, who said that he is a Cabinet Minister and is being provided security by the Government, as such he should not pay heed to the threats of Kripa Shanker Pandey and Rajesh Yadav. On 12.7.2010, the complainant was at the house of Nand Gopal Gupta @ Nandi situate at Bahadurganj at 11 a.m. Nandi was going to the temple followed by the complainant. His security guard Sanjai Singh, Press Reporter Vijay Pratap Singh and Rakesh Malviya started walking with Nand Gopal Gupta @ Nandi. He was also followed by his brother, P.S.O. Rathod and other people. As soon as Nand Gopal Gupta @ Nandi reached near his old house, there was a blast in a scooty parked therein causing serious injuries to Nand Gopal Gupta @ Nandi and his accompanying persons. The complainant took Sanjai Singh, Vijay Pratap, Rakesh Malviya, Nand Gopal Gupta @ Nandi and other injured to Jeevan Jyoti Hospital and admitted them. The complainant had full belief that this incident was given effect to by Dilip Mishra, Rajesh Yadav, Kripa Shanker Pandey and his men. In this incident, Nand Gopal Gupta @ Nandi was seriously injured, two persons lost their lives and some others were also injured.;