Ravindra Singh, J. - (1.) Heard Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Shishir Tandon and Sri Anil Malik learned Counsel for the applicant and learned A.G.A. for the state of U.P.
(2.) This application has been filed by the applicant Praveen Pandit with a prayer that he may be released on bail in case crime No. 438 of 2005, under Section 302 I.P.C., P.S. Civil Lines, District Meerut.
(3.) The prosecution story of this case, in brief, is that the F.I.R. has been lodged by Sri Dr. V.P. Singh at P.S. Civil Lines, Meerut on 09.12.2005 at 9.20 a.m. in respect of the incident which has occurred on 9.12.2005 at about 8.45 a.m. The F.I.R. has been lodged against three unknown miscreants by alleging that when the deceased Shailendra Pal Singh, Advocate, the son of the first informant, was washing his car by water out side of his house, three unknown miscreants caused gunshot injuries on his person, on the sound of firing the first informant came out from the house and saw 3 miscreants fleeing on a motorcycle from the alleged place of occurrence due to firing a crowd gathered there, but immediately after the alleged occurrence the deceased was taken to the medical college by the first informant in a car, but he died in the way, thereafter, leaving the dead biody in the medical college, the first informant went to the police station to lodge the F.I.R. It was suspected that due to enmity in connection with the cable work the deceased has been murdered. On the same day of the alleged date of occurrence the I.O. came at the place of occurrence immediately after registering the F.I.R. and recorded the statements of two witnesses namely Heera Lal, the servant of the deceased and Narendra Singh, the neighbourer of the deceased. They disclosed the name of the applicant and co-accused Dharmendra Sirohi as accused, but the third accused was unknown. They stated that all the 3 miscreants including the applicant discharged the shots by their revolver and pistol, consequently the deceased received injuries and after causing the injuries the miscreants fled away on a motorcycle. According to the post mortem examination report the deceased had received 3 firearm wounds of entry, one firearm wound of exit, one abrasion and one contusion.;