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Roop Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14054 of 2006  RD-AH 11449 (13 July 2006)
Hon'ble M. Chaudhary, J.
Heard learned counsel for applicant Roop Singh involved in case crime no.2 of 2006 under sections 147, 148, 149, 302 & 34 IPC and section 3(2) (v) of the Scheduled Caste and Scheduled Tribes(Prevention of Atrocities Act) Act, police station Bar, District Lalitpur and the learned AGA as well.
It is alleged that in the noon of 3rd of January, 2006 Har Dayal, the Village Pradhan alongwith Matadin went on motorcycle near the school as land for kitchen of the school had to be demarcated with the help of Lekhpal and at about 12:30 noon as they reached near the house of Tannu Kalyan Singh and Ram Bahadur Singh @ Raja Bhaiya armed with countrymade pistols alongwith Vijai Singh, Roop Singh and Kehar Singh with axes and Chandra Bhan Singh with Pharsa assaulted them and fired at Har Dayal and Matadin; that then leaving motorcycle there both of them ran for their lives but the assailants chased them and as they reached near the house of Mangal Singh persons armed with axes and Pharsa gave them blows with their respective weapons and sustaining the injuries both Har Dayal and Matadin died instantaneously. Immediately Punesh @ Punnu went to the police station Bar situate at a distance of 13 kms from the village and lodged an FIR of the occurrence with the police there at about 2:50 p.m. the same noon.
Autopsy conducted on the dead bodies of Har Dayal and that of Matadin revealed ante mortem incised wounds on their person. Learned AGA contended that ante mortem incised wounds No.4 to 8 found on the dead body of Har Dayal and 1 and 4 to 7 found on the dead body of Matadin could very well be caused with axe. It is a broad day light murder. FIR lodged at the police station promptly the same noon mentions a number of eye witnesses of the occurrence therein.
Considering all the facts and circumstances of the case, the Court is of the view that applicant Roop Singh who was allegedly armed with axe does not deserve bail.
The bail application is Rejected.
Bail Application No.14054-2006
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