- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court granting the prayer for bail made by respondent No. 2-Kamal Singh. The present appeal has been filed by the complainant.
(3.) Background facts in a nutshell are as follows: Respondent No. 2 faced trial in Crime No. 96 of 2006 for alleged commission of offence punishable under Sections 147, 148, 149, 323, 307, 302, 504 read with Sections 34 and 120B of the Indian Penal Code, 1860 (in short the 'IPC ). Earlier the bail application filed was rejected by the High Court on 16.11.2006. In support of the second bail application it was submitted that pellets were found on the body of the deceased by the doctor and such pellets and the licensed rifle were sent to the ballistic expert. From the report received it is revealed that such pellets could not have been used by the licensed rifle of the accused. The ballistic report completely falsified the prosecution case. The High Court accepted the prayer for bail observing as follows: It is admitted case on behalf of prosecution that the applicant committed murder of deceased by causing injuries with the licensed 315 bore factory made rifle. The police report also reveals that three pieces of pellets were found by the doctor in the body of deceased Monu. These pellets and licensed rifle of the applicant were sent to Vidhi Vigyan Prayogshala Agra from where the report was received which is on record which reveals that pellets could not be used in licensed rifle of 315 bore factory made. Such pellets are used in 12 bore weapon. Soft Nose Jacketed Bullets are used in standard cartridges of 315 bore factory rifle. Therefore, this is the fresh and good ground to allow the bail application of present applicant. After considering the report of ballistic expert, the bail application of present applicant is hereby allowed.;