CHAMAN LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Grant of bail to respondent No. 2 (hereinafter referred to as accused) has been challenged in this appeal.

(3.) Background facts as projected by the appellant essentially are as follows :- One Prem Kumar (hereinafter referred to as the deceased) was engaged in the business of money-lending. He had advanced a loan of Rs. 2 lakhs to one of the accused persons named Naeem. On 11-3-2003, the deceased was called to the factory of one Kamil, where the accused Naeem was working as a contractor, by telephone call which was purportedly made by the accused-Naeem. When the deceased went to that place, he was shot at by respondent No. 2, accused-Meer Hasan and one other accused named Wasim. Accused-respondent No. 2 shot the fatal shot. On the basis of statements made by three persons namely Nawab, Tulshi Ram and Harish Kakkar the respondent No. 2 was taken to custody. The first information report was lodged by a person who was not an eye-witness. In the first information report, it was indicated that unknown assailants killed the deceased. After arrest the accused-Meer Hasan filed application for bail before the learned Sessions Judge, Saharanpur, which was rejected. On being moved by the accused Meer Hasan-respondent No. 2 by the impugned judgment, a learned single Judge has granted bail to him.