Vijay Kumar Verma,J. - (1.) PRAYER for bail in this bail application under Section 439, Code of Criminal Procedure has been made on behalf of the applicant Ram Gati alias Prem Chandra, son of Salwal, in Case Crime No. 178 of 2007, under Sections 452 and 302, I.P.C. and Section 25, Arms Act, P.S. Khalilabad, district Sant Kabir Nagar.
(2.) AN F.I.R. was lodged on 24.1,2007 at 8.35 p.m. by Ram Shabd, son of Budhi Ram at P.S. Khalilabad, district Sant Kabir Nagar, where a case under Sections 452 and 302, I.P.C. was registered at Case Crime No. 178 of 2007 against Ram Gati alias Prem Chandra (applicant herein), Vijay Kumar, Daya Shanker and Krishna Chandra. The allegations made in the F.I.R., in brief, are that on 24.1.2007 at about 7:15 p.m. the accused persons entered into the house of the complainant and on the exhortation of Daya Shanker, the accused Ram Gati alias Prem Chandra fired on Nirmala, daughter of the complainant, by country -made pistol, due to which she sustained injuries and died on the spot. This incident is said to have been witnessed by the wife and another daughter (Parmila) of the complainant. It is further alleged in the F.I.R. that on hearing the sound of fire, Surendra, Seenan, Babu Lal and other village people having lathis, danda and torches rushed towards the house of the complainant and challenged the accused persons, on which they fled away towards their houses. I have heard lengthy arguments of Sri. Satish Trivedi, learned senior counsel, assisted by Sri. Ajay Kumar Pandey, advocate, appearing for the applicant, Sri. Pramod Kumar Singh, advocate, holding brief of Sri. Tripathi.B.G.Bhai, counsel of the complainant and A.G.A. for the State.
(3.) THE first and foremost submission made by learned Counsel for the applicant was that the incident of committing the murder of deceased Nirmala had taken place in the night and no body had seen the incident, because according to the F.I.R. itself, Parmila, another daughter of the complainant, was taking water from hand pump situated outside the house and wife of the complainant also had reached after hearing the sound of fire.;