NUSARAT Vs. STATE OF U P

JUDGEMENT

(1.) PRAYER for bail in this application under Section 439 of the Code of Criminal Procedure (in short 'the Cr. P.C.') has been made on behalf of applicant Nusarat S/o Ali Hasan, who alongwith other accused is facing trial in S.T. No. 169 of 2008, State v. Nusarat and others, arising out of Case Crime No. 129 of 2007, under Section 302, I.P.C. P.S. Dhaulana district Ghaziabad.

(2.) AN F.I.R. was lodged on 6.9.2007 at 2.30 p.m. by ANees Ahamad S/o Gulam Mohammad, at P. S. Dhaulana, district Ghaziabad, where a case under Section 302, I.P.C. was registered at Crime No. 129 of 2007 against Nusarat (applicant herein), Isha, Nagga and Inshaf Ali. The allegations made in the F.I.R. (ANnexure-1), in brief, are that on 6.9.2007 at about 1.00 p.m., the accused Nusarat, Isha, Nagga and Inshaf Ali committed the murder of Sarvar (brother of the complainant) by causing injuries by means of firearms.

(3.) NEXT submission made by learned counsel was that the complainant Anees Ahamad has been examined as P.W. 1 in S.T. No. 169 of 2008 in the court of Additional Sessions Judge, Hapur (Ghaziabad), but he has not supported the case of prosecution and has turned hostile. For this submission, my attention was drawn towards the copy of statement (Annexure-4) of Anees, which has been recorded in S.T. No. 169 of 2008.