- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Sarfraj with a prayer that he may be released on bail in Case Crime No. 215 of 2007 tinder section 302/34 IPC, P. S. Charthawal, District Muzaffarnagar.
(2.) HEARD Sri V. C. Mishra, senior Advocate assisted by Sri Vivek Mishra, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Sushil Kumar Pandey, learned Counsel for the complainant. From the perusal of the record it appears that in this case the FIR of this case has been lodged by Smt. Khatijan on 4. 6. 2007 at 4. 55 p. m. in respect of the incident which had occurred on 4. 6. 2007 at about 4. 00 p. m. The distance of the police station was about 7 km. from the alleged place of occurrence. The applicant and three other co-accused are named in FIR. It is alleged that the applicant and other co-accused persons armed with pistols and country made pistols came at the house of the first informant, they hurdled the abuses to the deceased and discharged the shots indiscriminately consequently the husband of the first informant died instantaneously after sustaining the injury. The son of the first informant namely Gayyur became injured as a result of that firing done by the applicant and other co-accused persons, he was taken to the hospital where he died on 11. 06. 2007 at 1. 10 p. m. Due to this incident the panic was created. According to the post-mortem examination report of the deceased Nawab he has sustained one gun shot wound of entry and the deceased Gayyur Ali had sustained live ante-mortem injuries in which injury Nos. 1 and 3 were gun shot wound of entry and injury No. 2 was gun shot wound of exit, injury No. 4 was abrasion and injury No. 5 was stitched wound. He died on account of shock and haemorrhage and septicaemia due to ante-mortem injury. The alleged occurrence has taken place in a brought day light, the FIR has been promptly lodged, specific role of firing is assigned to the applicant and three other co-accused persons. In this incident two persons have lost their lives, the gravity of the offence is too much. No case for bail is made out, therefore, the prayer for bail is refused. Accordingly, this application is rejected. Application Rejected. .;