- (1.) Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by S/Sri Vivek Kumar Singh, Ajay Kumar Singh, Malti Sharma and Anurag Shukla, learned counsel for the applicant, Sri Nisar Uddin, learned counsel for the complainant, learned A.G.A. for the State and perused the record. Learned counsel for the applicant has contended that co-accused Shah Mohammad has been allowed bail by this court and case of the applicant stands on same footing and the applicant has no motive to commit murder. It is further contended that as per prosecution case 2 persons had inflicted injuries to the deceased but only one injury has been found on the body of the deceased and it is not clear which of the accused is author of this injury. Lastly it is contended that witnesses Mohd. Kasim and Mohd. Anees are resident of district Ghaziabad and Bulandshahr while place of occurrence comes in the jurisdiction of P.S. Kithore, District Meerut. These witnesses are relative of first informant and their presence on the place of occurrence is doubtful. The applicant is in jail since 18.6.2009.
(2.) Learned A.G.A. has contended that on pointing out of the applicant blood stained knife which was used in committing murder of the deceased was recovered from possession of the applicant and statements of witnesses Mohd. Kasim and Mohd. Anees have been recorded on 25.5.2009 and there is specific allegation against the applicant that he had inflicted injury to the deceased Asif by Chhuri.
(3.) Learned counsel for the complainant has contended that the trial is pending and all the witnesses except doctor have been examined in the trial court.;