- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Ram Naresh with a prayer that he may be released on bail in Case Crime No. 410 of 2006 under Section 302 I. P. C. , P. S. Nagar, District Basti. The prosecution story in brief is that the F. I. R. of this case has been lodged by Smt. Arti Kasaudhan on 15- 8-2006 at 6. 40 a. m. in respect of the incident which had occurred on 15-8-2006 at about 6. 00 a. m. The distance of the Police Station was about 1/2 Kilometer from the alleged place of occurrence. The applicant and co- accused Smt. Radha, the wife of the applicant are named in the F. I. R. The F. I. R. was lodged under Section 304 I. P. C. but subsequently the charge-sheet has been submitted under Section 302 I. P. C. It is alleged that the deceased being younger brother of the applicant was living alongwith the applicant and co-accused Smt. Radha at the time of the marriage of the first informant which was solemnized about one and half years prior to the alleged incident. There was a dispute between the deceased and the applicant over the partition, one month prior to the alleged incident. The applicant wanted to usurp the whole of the property dishonestly, for the same purpose many panchayats were arranged. The applicant was not agreeing with the decision of the Panchayat. On 15-8-2006 at about 6. 00 a. m. the applicant and deceased were having some conversation in regard with the partition, all of sudden the applicant was provoked and stated not to give any Pai to the deceased and at the exhortation of the co-accused Smt. Radha Devi, the applicant discharged a shot by a country made pistol which hit the deceased. After committing the alleged offence the applicant ran away from the place of the occurrence. The dead- body of the deceased was lying in the Verandah. According to the post-mortem examination report the deceased had received fire-arm wound of entry 2 cm. above umbilicus having the blackening, tattooing and scorching was present around the wound, which was exit wound.
(2.) HEARD Sri C. S. Chaturvedi, learned Senior Counsel assisted by Sri Ajatshatru Pandey, learned Counsel for the applicant, learned A. G. A. and Sri Rajiv Goswami, learned Counsel for the complainant. It is contended by learned Counsel for the applicant that the applicant is real elder brother of the deceased. The alleged occurrence has taken place in a sudden provocation, it was not pre-intended. The presence of the witnesses at the alleged place of the occurrence his highly doubtful and the F. I. R. is anti- timed. It was not in existence at the time of preparation of inquest report. The applicant is innocent. It appears that the alleged incident has taken place in some other manner but due to family dispute, the applicant has been falsely implicated. In reply to the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that the alleged occurrence has taken place in broad day light, F. I. R. has been promptly lodged. The deceased has got a fire-arm injury by a country made pistol. The prosecution story is fully corroborated by the post-mortem examination report. The applicant has committed the murder of his real younger brother and the applicant was having strong motive. In case he is released on bail, he shall tamper with evidence. Considering the facts, circumstances of the case, submissions made by learned Counsel for the applicant, learned A. G. A. , learned Counsel for the complainant and considering the facts that the allegation against the applicant is that he has committed the murder of his real brother and without expressing any opinion on the merit of the case, the applicant is not entitled for bail. The prayer for bail is refused.
(3.) ACCORDINGLY this application is rejected. Application rejected. .;