Vijay Kumar Verma - (1.) HEARD Sri Atul Sharma, advocate, appearing for the applicant and A.G.A. for the State.
(2.) THE allegations made in the F.I.R. lodged on 27.4.2007 by Sri Santosh Kumar s/o Chhattra Pal Singh at P.S. Sasni, district Hathras (Mahamaya Nagar), at Case Crime No. 233 of 2007, in brief, are that the accused-Shabbir, Zameel, Kabir (applicant herein), Hakim and Sullan committed the murder of deceased Chhattra Pal Singh (father of the complainant) by causing injuries by means of firearm on 27.4.2007 at 7.30 p.m. The main submission made by learned counsel for the applicant is that the role of firing has been attributed in the F.I.R. as well as in the statements of the witnesses to five persons, who are named in the F.I.R. and since no specific role has been assigned to the applicant Kabir, hence he should be released on bail on this ground, because it cannot be said that shot fired by him had hit the deceased. Next submission made by learned counsel is that in the site plan, place of standing of the accused persons and firing has not been shown.
(3.) FURTHER submission made by learned counsel is that the incident had occurred in the night at about 7.30 p.m. and since there was no source of light, hence there was no occasion for the witnesses to identify the assailants. It is also submitted by learned counsel that no independent witness was interrogated by the Investigating Officer during investigation.;