ADIL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is the first bail application moved on be half of the applicant (accused) Adil s/o Sufiyan in Case Crime No. 364 of 2005, under sections 302,307,34 Indian Penal Code, P.S. Colonelganj, District Allahabad.

(2.) Brief facts according to the prosecution case as per F.I.R. are that on 4.12.2005 at about 7.15 p.m. Smt. Majyana Begam, first informant was present at her house along with his brother Mohd. Afaq. Same time accused persons Suflyan and his son Adil alias Shiran and friend of Adil namely Veeru came at her house and called Praveen Akhtar, mother-in- law of the first informant. When she came out from her house Rajiya accused stated to kill her, upon which, all the three accused persons, who were armed with country-Made pistols opened fire upon Smt. Praveen Akhtar. Her husband Pappu had tried to save her, upon which, they also opened fire upon him. Consequently, both sustained injuries in the alleged occurrence. Thereafter, they fled away from the place of occurrence. Both injured were taken to Swaroop Rani Hospital by family members of the first informant and inhabitants where Smt. Praveen Akhtar was declared dead. There was litigation between family members of first informant and Sufiyan accused. For the purpose of usurping land they wanted to remove the hindrance. F.I.R. was lodged by her on 4.12.2005 at about 9.25 p.m.

(3.) Heard learned Counsel for the applicant and learned A.G. A.