Devendra Yadav vs State of U.P.

Barkat Ali Zaidi, J.—Accused-applicant Devendra Yadav son of Rampreet Yadav alongwith two others is charged under Sections 302/34, 307 and 120B, I.P.C. read with Section 3(1) of U. P. Gangsters Act.

He has come for bail here.

Heard Sri Shailendra Kumar Singh advocate for the applicant, and Addl. Government Advocate, for the State.

The deceased Ram Raj Nishad aged 72 years was sleeping inside his house in village Khortha, P. S. Khajni District Gorakhpur on the intervening night of 18/19.6.2008. His wife was sleeping on another cot beside him, when around 3 O''clock, three persons are said to have barged into the house and strangulated the deceased and when the wife intervened, they tried to strangulate her also. The post mortem reveals death by strangulation. The other two accused in the case are the son and the grandson of the deceased and information gathered during the investigation revealed that the old man was not inclined to give his property to his son accused Manoj Kumar.

The accused-applicant is a rank outsider and he could not be motivated by any such consideration, besides, he belongs to the same village and the widow of the deceased must be knowing him and must have seen him and yet he has not been named in the first information report. All these circumstances justify grant of bail.

He be released on bail on his furnishing a personal bond of Rs. 25,000 with two sureties in the like amount to the satisfaction of Chief Judicial Magistrate, Gorakhpur.