Vijay Kumar Verma - (1.) APPLICANT's counsel has filed supplementary-affidavit, which is taken on record.
(2.) HEARD Sri Raj Kamal Tripathi, advocate, appearing for the applicant, Sri J.R.S. Tomar, counsel for the complainant and A.G.A. for the State. The allegations made in the F.I.R. lodged on 11.4.2006 at 10.50 a.m. by Praveen Shukla alias Jeetu at P. S. Kidwai Nagar, district Kanpur Nagar, in brief, are that the applicant Anil Balmiki committed the murder of deceased Prashant Shukla alias Nitin on 11.4.2006 at about 10 a.m. by causing injuries to him by means of firearm. The main submission made by learned counsel for the applicant is that father of the deceased and some other independent witnesses have not been examined by the prosecution and have been discharged and hence the applicant is entitled to be released on bail, because only evidence against him is the statement of the complainant Praveen Shukla, who has been examined in trial court in S.T. No. 740 of 2006 as P.W. 1.
(3.) NEXT submission made by learned counsel is that there was no motive for the applicant to commit the murder of deceased. Further submission made by learned counsel is that watery fluid only was found in the stomach of deceased at the time of post-mortem examination, which makes the prosecution story doubtful, as at about 10 a.m., some food material ought to have been found in the stomach of deceased, who is alleged to have been going on duty. For this submission attention of the Court has been drawn towards post-mortem report (paper No. 12).;