SAGAR Vs. STATE OF UP

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-complainant is aggrieved by an order granting bail in connection with Case Crime No. 0159 P.S. Hastinapur, dtd. 28/6/2024 under Ss. 147, 148, 149, 302, 506, Indian Penal Code, 1860 [ Hereinafter referred as "IPC"], to one Rajveer by order dtd. 3/1/2025 in Cr. Misc. Bail Application No. 44876 of 2024 by the High Court of Judicature at Allahabad.

(3.) A perusal of the First Information Report [ FIR for short] reveals that the genesis of the instant proceedings was a verbal spat between the appellant-complainant and one Suresh Pal and his son Aditya, who were his co-villagers. The former's father, Sonveer, opposed the escalation of the dispute, resulting in threats from the latter. On the day of lodging of the FIR, while the appellantcomplainant and his parents were, for matters unrelated to the accused, on their way to the land of one Ravindra, then allegedly, the accused persons namely Suresh Pal, Rajveer, Saurav, Aditya, Prince, and Bijendra, armed with pistols came forward to block their way and prevent them from proceeding further. The respondent-accused Rajveer came forward and threatened them to the effect that they would all, particularly Sonveer, be taught a lesson for opposing them. Suresh Pal, then instigated the accused Aditya to shoot Sonveer, which he did, and the bullet hit him on the chest below the shoulder, making him fall to the ground and meet his end.