V D CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Informant calls in question legality of the order passed by a learned Single Judge of the Allahabad High Court granting bail to respondent no. 2 (hereinafter referred to as the 'accused).

(3.) Background facts sans unnecessary details are as follows: on 5.2.2000 complainant lodged the First information Report. It was stated therein that when he and his son were attending a marriage party, the respondent-accused started firing shots from his gun. When he was asked not to do so, he did not stop and comtinued the filing, The appellants son saurabh received injuries due to the shots fired by the accused and he died due to the injuries. Initially, the police registered a case alleging commission of offences punishable under Sections 304a and 338 of the Indian Penal Code, 1860 (in short the 'ipc'). After investigation charge sheet was filed under Sections 304 and 338 IPC. Cognizance was taken and process was issued. Accused filed an application for being released on bail. By the impugned order bail has been granted.