Ravindra Singh, J. - (1.) This bail application has been filed by the applicant Vinay alias Matku with a prayer that he may be released on bail in case crime No. 70 of 2005, under Sections 147, 148, 149, 302 I.P.C., P.S. Kandhla, district Muzaffarnagar.
(2.) The prosecution story, in brief, is that in the present case the F.I.R. was lodged by Satyendra at P.S. Kandhla on 25.2.2005 at 2.30 p.m. in respect of the incident which had occurred on 25.2.2005 at 1.50 p.m., the distance of the police station was about 6 kms from the alleged place of occurrence. The F.I.R. has been lodged against the applicant and co-accused Anurodh alias Pintoo and Karamveer. It is alleged that on 25.2.2005 at about 1.50 p.m. the deceased Rajveer Singh, Pramod, Devendra, Krishna Pal, Ashok and Ram pal were going to Punjab National Bank, Alam. When they reached near the bank one black coloured scorpio car came there, from which the applicant and co-accused Anurodh alias Pintoo, Karamveer and 2 unknown persons armed with automatic firearm came out and all the five accused persons discharged the shots at the deceased Rajveer Singh. He ran towards the bank to save his life but before he could enter in the bank he was shot dead by the applicant and others. The deceased Pramod came in rescue of the deceased Rajveer Singh, but he was also murdered by causing the firearm injuries. The alleged incident was witnesses by Devendra, Krishna Pal Singh, Ashok and Ram Pal who had narrated the entire story to the first informant. The dead body of the deceased Rajveer Singh was lying at the door of the Punjab National Bank and the dead body of deceased Pramod was lying on the road. According to post mortem examination reports the deceased Rajveer Singh had received 4 gunshot wound of entries and 3 gunshot wound of exit. Deceased Pramod Kumar had received 2 gunshot wound of entries, two exit wounds and one abraded contusion.
(3.) Heard Sri Viresh Mishra, Senior Advocate assisted by Sri Amit Mishra learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri S.N. Mishra learned Counsel for the complainant.;