FAIZAN AZAM KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by the applicant Faizan Azam Khan with a prayer that he may be released on bail in Case Crime No. 350 of 2006 (S.T No. 224 of 2007) under Sec. 302 I.P.C. P.S. Sirauli district Bareilly.

(2.) The prosecution story in brief is that the F.I.R. of this case has been lodged by Musarrat Ali khan at P.S. Sirauli on 19.6.2006 at 8.50 a.m. in respect of the incident which had occurred on 19.6.2006 at about 8 a.m., the distance of the police station was about 10 k.m. from the alleged place of occurrence. It is said that on 19.6.2006 at about 8.00 a.m. when the deceased was going to his grove, he was shot dead by the applicant and two other co-accused persons. The applicant was armed with his gun and co-accused Chatra Pal and Khalid were armed with country made pistol. Due to indiscriminate firing an atmosphere of fear and terror was created. The inmates of the locality closed the doors of their houses. According to the post mortem examination report the deceased had sustained 9 ante mortem injuries in which injury Nos. 1, 3, and 5 were gun shot wounds of entry, injury Nos. 2, 4 and 6 were gun shot wounds of exit and injury No. 7 was lacerated wound. Injury Nos. 8 and 9 were abrasion.

(3.) Heald Sri Manish Tiwari and Sri A.K. Awasthi, learned Counsel for the applicant, learned A.G.A. for the State of U.P. And Sri I.M, Khan, learned Counsel for the complainant.