ANWARI BEGUM Vs. SHER MOHAMMAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is by the informant questioning grant of bail to respondent No. 1(hereinafter referred to as the accused) by the impugned judgment passed by a learned single Judge of the Allahabad High Court, Lucknow Bench.

(3.) Factual position, as highlighted by the appellant is as follows: On 26-4-2002, the respondent No.1 and others in pursuance of their common object, surrounded Jamaluddin, husband of the appellant, (hereinafter referred to as the deceased) while he was coming by scooter along with the appellant and their daughter. Because of some previous litigations, respondent No.1 - accused had animosity with the deceased and with the intention of causing his death the respondent No.1 - accused who was armed with a double barrel gun shot at the deceased. Others also participated in the attack. The informant and her daughter started crying for help hearing which co-villagers came to the spot. The respondent No.1 and others fled away but they were still firing and had threatened to wipe out the entire family of the deceased. The occurrence took place at about 6.00 p.m. and the First Information Report was lodged immediately thereafter. The respondent No.1 and others filed application for bail before the trial Court. The learned Additional Sessions Judge, Sultanpur rejected the application taking note of the fact that the incident had been witnessed by eye-witnesses and their statements recorded during investigation clearly implicated the respondent No.1. An application for bail in terms of Section 439 of the Code of Criminal Procedure, 1973 (in short the Code) was filed by respondent No.1 before the High Court. By the impugned order, the prayer for bail has been accepted.