D.K.Jain,J. - (1.) Leave granted.
(2.) Challenge in this appeal by the complainant is to the order dated 10th March, 2008 passed by a Single Judge of the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No. 4167 of 2008, granting bail to the second respondent, Chhunnu @ Chhidda. The said respondent was one of the persons named in FIR No. 181 of 2007, registered at Police Station Asmouli, District Moradabad against 22 persons. The FIR was initially registered for offences under Sections 147, 148, 149 and 307 of the Indian Penal Code ("IPC" for short), but subsequently, on the death of two injured persons, Section 302, IPC was also added. The first respondent is the State of U.P.
(3.) Briefly stated, the background facts giving rise to the present appeal are as follows: On 18th September, 2007, at about 5.25 p.m., an FIR was lodged by the appellant with the said police station for an incident which took place at about 3.30 p.m. at village Asmouli. The case was registered as Crime Case No. 347 of 2007. It was reported that at about 3.30 p.m., on that day the appellant had gone to the shop of one Anzar s/o Mehboob where one Basiruddin @ Lala also came to buy some fruits. On Anzar's (shopkeeper) refusal to sell goods to him on credit, Basiruddin started beating him, on which the appellant intervened. Being annoyed, Basiruddin left the place. But, after a short while he came back, accompanied by 21 other persons, including the second respondent. All of them were armed with guns and country made firearms. Due to fear, the appellant rushed to the house of his brother Qayyum. All the said 22 persons attacked the house of Qayyum. On hearing noise, the residents of the house and many other residents of the village, collected at the spot. The said accused started firing indiscriminately, injuring 9 persons. Some of them sustained multiple injuries. All the injured persons were removed to the District hospital for examination. As per the medical reports, the injured persons sustained gunshot injuries which were grievous in nature. Two persons, namely, Anzar Hussain s/o Mazhar Hussain and Rizwan @ Bhoora s/o Matloob Hussain, later succumbed to their injuries. While Rizwan died on 19th September, 2007, Anzar Hussain died on 30th September, 2007. ;