JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Mr. A.P. Mishra, learned counsel for the applicant, Mr. Rupendra Kumar Singh, learned Additional Government Advocate appearing on behalf of the State and Mr. Ashok Kumar Srivastava, learned counsel for the complainant/informant.

2. As per Mr. Mishra, the present applicant is in jail since 26.09.2018, in Case Crime No. 302 of 2016, under Sections 147, 148, 149, 302, 307, 404, 120-B and 34 I.P.C. Police Station-Baaghrai, District-Pratapgarh. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged.

3. As per the prosecution case, in the mid night of 11.12.2016 the complainant along with his brother Rajesh Singh, Dheeraj Singh, Sonu Singh, Poonam Singh, wife of Rajesh Singh, Harshvardhan Singh son of Rajesh Singh were returning to his home after attending an invitation in Tiwari Mahamadpur. When they reached at Kamsin Tiraha then the accused persons armed with fire arms and bombs attacked on them. It is further mentioned in the first information report that due to the firing Rajesh Singh died on spot and Dheeraj Singh and Sonu Singh received