- (1.) K. L. Sharma, J. Heard learned counsel for applicant as well as learned A. G. A.
(2.) SRI Munna lal Verma, Investigating Officer of C. B. , C. I. D. , Bareilly has attended this court in person alongwith the case diary of C. B. C. I. D. as directed by this Court earlier. It appears that investigation has been almost completed and only the statement of I. O. of the Police Station remains to be recorded as he had gone to Chamoli. He has pointed out that 24 persons of the same locality have consistently stated that the gun shot was fired accidently by the applicant after snatching the licensed gun from deceased Durbesh. He further stated that on the other hand six eye-withesses mentioned in the first information report lodged in the police station stated consistently that the applicant has deliberately fired shot from the licensed gun of his father Brahmapal Singh and thereby killed deceased Durbesh. He has further pointed out that these withesses do not reside in the village where the occurrence took place whereas 24 persons who stated about accidental gun shot reside in the same village in which occurrence took place. He further says that the case diary of C. B. , C. I. D. Investigation shall be submitted to the court to which the regular police has already submitted the charge-sheet for necessary action and the C. B. , C. I. D. is not going to submit a fresh charge-sheet or final report in the matter. The learned counsel for applicant has contended that the statements recorded by the C. B. , C. I. D. show that the village residents have supported the case that accidental shot was fired which struck the deceased Durbesh and the withesses mentioned in the first information report did not reside in the village in which occurrence took place. He has further pointed out that there are serious infirmities in preparation of the inquest report and challan nash which create doubt whether the first information report was lodged in time or it was anti-dated. The learned A. G. A. has filed a counter affidavit and supplementary affidavit with reference to the allegations made in the affidavit and in the supplementary affidavit. The infirmities pointed out by the learned counsel of the applicant are said to be purely clerical mistake.
(3.) SRI Munna lal Verma, I. O. , C. B. , C. I. D. is permitted to take bank the case diary but he is directed to record the statement of I. O. of the Police Station and submit the report to the court without further delay. After considering the arguments of both the sides and the material on record and the case diary produced by C. B. , C. 1. D. today, I am of the opinion that facts and circumstances of the case justify the release of the applicant on bail. Therefore, the bail application is allowed. Let applicant Sarvesh Singh involved in Crime No. 377 of 1993 under Section 302/394, I. P. C. , P. S. Jalalabad, district Shahjahanpur be released on bail on his fur nishing a personal bond and two sureties each in the like amount to the satisfaction of C. J. M. , Shahjahanpur. Application allowed. .;