Swami Prasad Yadav vs State of U.P.

Ashok Srivastava, J.—This bail application has been moved on behalf of the applicant Swami Prasad Yadav, who is involved in case crime No. 1387 of 2009 under Sections 147, 148, 149, 302, 307, 506 Indian Penal Code, P.S. Shri Nagar, District Mahoba.

The complainant of this case is one Ram Karan. The alleged incident had taken place on 25.11.2001 at about 2.00 p.m. near Panchayat Bhawan, which is situated in the village Bhandara, P.S. Shri Nagar, District Mahoba. On the fateful day the complainant had gone to new Panchayat Bhawan to purchase fertilizer. When the complainant and his cousin reached there all the accused persons named in the FIR surrounded them. The applicant was holding a country made pistol in his hand. He fired at Arvind, who after being hit by the shot fell down on the ground and died at the spot. When the witnesses tried to intervene the other co-accused started firing upon them causing injuries to Mool Chand and Kashi Prasad. An FIR was lodged with the police on the same day at about 3.10 p.m. The dead body of Arvind was sent for post mortem after panchayatnama.

I have heard Learned Counsel for the parties and perused the record.

It has been submitted from the side of the applicant that the applicant is in jail since 4.12.2009, that the so-called injured namely Kashi Prasad and Mool Chnad had received No. gun shot injuries, that the applicant is innocent and has committed No. offence and he has falsely been implicated in this case due to enmity. It has further been submitted that the applicant has never been convicted nor prosecuted in any criminal case except the present case in which this bail application has been pressed.

The bail application has been vehemently opposed by the Learned Counsel for the complainant as well as learned AGA appearing on behalf of the State. It has been pointed out that the applicant was convicted on 17.10.2005 by the Court of learned Addl. Sessions Judge, Court No. 1, Mahoba in S.T. No. 124 of 1999, State v. Raj Bahadur and Ors.. The applicant was found guilty of the offence under Sections 148, 307, 149 Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years and one year. He was also sentenced to pay fine. A certified copy of the judgment and order has been filed from the side of the complainant which is taken on record.

It is a case of broad day light murder. The role of firing has been specifically mentioned in the FIR. It has been clearly mentioned in the FIR and in the statements of the witnesses that it was the applicant who had fired upon the deceased who had died on the spot. The applicant is a previous convict and he had tried to mislead the Court on this point by saying that he has never been prosecuted or convicted. The FIR is prompt.

Considering all the aspects of the case and the the submissions advanced by the Learned Counsel for the parties and without expressing any opinion as to the merits of the case, I am of the view that there is No. force in the bail application and therefore, it is rejected.