SHIV SHANKER,J. - (1.) THIS is the first bail application moved on behalf of applicant Babloo in case crime No. 424 of 2005, under Section 302/34 I.P.C., P.S. Mawana, District Meerut.
(2.) BRIEFLY prosecution case according to the F.I.R. is that Smt. Indravati, wife of Krishna Pal Singh (deceased) lodged the F.I.R. on 24 -11 -2005 at 9.50 a.m. against accused Vinod alias Fauzi, Babloo (present applicant), Titoo and Vineet by alleging that there is dispute of land in between the first informant and accused Vineet and on that basis, her son Pawan was murdered by Vineet and others about three years ago. Therefore, the case was got registered as crime No. 311/02 under Section 302 I.P.C., Police Station Mawana, District Meerut. This murder case is pending at the time of alleged occurrence. Therefore, all the four accused persons were already threatening to kill her husband. On 24 -11 -2005, she, her husband Krishna Pal Singh and her brother Bhisma were going for labouring work at 7.30 a.m. from the village and reached at the road situated near the house of Vinod. The same time Vinod, Babloo, Titoo and Vineet came out from the house of accused Vinod armed with country made pistol and surrounded her husband and made firing upon him, consequently her husband had fallen down on the ground due to sustaining fire - arm injuries. Her brother raised alarm, thereafter, the accused persons fled away from there. Her husband had died on the spot due to sustaining fire -arm injuries. After leaving dead -body of the deceased, she lodged the report against them.
(3.) HEARD learned Counsel for the applicant and learned A.G.A. as well as the whole record.;