- (1.) R K. Jain, J. Heard Sri VR Srivastava, learned Counsel for the applicants and the learned Additional Government Advocate.
(2.) THESE three bail applications have been moved on behalf of applicants Ibney Sayeed, Jahid Hussain, Babu and Intkhab Hussain. The incident is said to have oc curred on 12-4-1999 at about 10. 30 a. m. First informant Tahir Hussain and victim Shamim Hussain were allegedly coming towards Moradabad. The accused persons are said to have chased the first informant and the deceased in Maruti Car. The Motor cycle is said to have fallen down on the roadside. Thereafter the accused emerged from the car. Intkhab Hussain is said to be armed with licensed DBBL gun and rest were armed with country made pistols. The first informant and the deceased are said to have run to save their life. The accused persons are said to have fired indiscriminately. The prosecution case is that victim Shamim fell down near the bushes and all the accused persons fired at him causing him injuries. The first informant escaped unhurt. Submission of Sri Srivastava is that the deceased was a hardened criminal and he had so many enemies. The incident appears to have not been witnessed by anybody and a false report was lodged. It is stated that the first informant and other witnesses were close relations of the deceased and they resided about 105 kms. from the place of occurrence. The is no independent witness. It is also submitted that in view of the above story of the prosecution absence of any injury on the person of the first informant makes his presence very much doubtful. Learned State Counsel has submitted that it is day light incident. There are eye-witnesses and the medical evidence fully corroborates the prosecution version.
(3.) ADMITTEDLY due to chasing of the motor cycle by the accused persons the running motor cycle fell down and there after the victim and the first informant were chased from some distance and the accused had allegedly fired during chase. No injury is said to have been found on the person of the first informant. Considering the above circumstan ces and without expressing any opinion on the merits of the case I am of the view that the applicants may be released on bail.;