Vijay Kumar Verma - (1.) A.G.A. has filed counter-affidavit, which is taken on record.
(2.) HEARD, Sri Noor Mohammad, advocate appearing for the applicant, Sri Nisaruddin, counsel for the complainant and A.G.A. for the State. The allegations made in the F.I.R. lodged on 27.12.2007 at 9.05 p.m. by Shaheed Ahmad son of Bunda Khan at P.S. Dhaulana, district Ghaziabad at Case Crime No. 188 of 2007 under Sections 147, 148, 149, 302 and 120B, I.P.C. in brief, are that the accused Istay alias Istakhar, Gaffar, Anis and Siraj committed the murder of Sabbir Ahmad, brother of the complainant, by causing fire arm injuries to him on 27.12.2007 at about 8.00 p.m. The incident is said to have been witnessed in the light of gas lantern by the witnesses. The first and foremost submission made by learned counsel for the applicant is that similarly placed co-accused Sattar has been granted bail by another Bench of this Court vide order dated 12.11.2008, passed in Bail Application No. 12081 of 2008, hence on the basis of the principle of parity the applicant also should be released on bail. It is also submitted in this context that on the basis of the bail order dated 12.11.2008, other two co-accused namely Yamin and Istay also have been granted bail by other Benches of this Court vide order dated 8.12.2008, passed in Bail Application No. 32040 of 2008 and order dated 18.5.2009, passed in Bail Application No. 11445 of 2009, respectively.
(3.) NEXT submission made by learned counsel is that in the site plan, there is no mention of any lantern and since the incident had occurred in the night, hence there was no occasion for the witnesses to identify the assailants. Further, submission made by learned counsel for the applicant is that except the deceased no other person had sustained any injury, although indiscriminate firing is said to have been made by the accused persons, which makes the presence of witnesses doubtful.;