VIJAY KUMAR VERMA,J. - (1.) PRAYER for bail in this application under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.') has been made on be­half of applicant Charanjeet Singh @ Nikka, s/o Avtar Singh, who is facing trial along with other accused persons in S.T. No. 649 of 2007, arising out of Case Crime No. 161 of 2007, under sections 147, 148, 149, 307, 302 IPC, and section 3 (2) (v) SC/ST Act, P.S. Gangoh, District Saharanpur.
(2.) AN FIR was lodged on 8.5.2007 at 10.15 p.m. by Rakesh s/o Samay Singh, at P.S. Gangoh, District Saharanpur, where a case under sections 147, 148, 149, 307, 302 IPC and section 3 (2) (v), SC/ST Act was registered at Crime No. 161 of 2007 against Charan Jeet Singh (applicant herein), Bindra, Meer Singh, Billa, Krishna Pal and Zahid. The allegations made in the FIR (annexure-1), in brief, are that on 8.5.2007 at about 8.30 p.m., when the complainant Rakesh, his father Samay Singh, brothers Sandeep, Raju and Sanjay as well as village people Pramod and Babu Ram etc. were having talks sitting in the shahan of the house of the complainant and gas lantern was illuminating, the accused Charan Jeet Singh @ Nikka and Meer Singh armed with country made pistols, accused Bindra and Billa having sword, Krishna Pal and Zahid and other two unknown persons having hockey came there and attacked by their respective weapons on the complainant and other persons sitting there, due to which Samay Singh succumbed to the in­juries instantaneously on the spot and San-deep, Raju, Sanjay, Pramod and Babu Ram sustained injuries. On hearing the sound of fire and hue and cry, Jiledar, Chintu, Israr and Raj Kumar Saini along with other per­sons came there, who saw the incident and challenged the accused persons, on which they fled away firing in the air and giving threatening to kill. I have heard arguments at length of Sri Satish Trivedi, learned senior Advo­cate assisted by Sri Ajay Kumar Pandey and Sri Raghuraj Kishore, Advocates, ap­pearing for the applicant, Sri Birendra Singh Counsel for the complainant and AGA for the State.
(3.) THE first and foremost submission made by learned Counsel for the applicant was that in addition to the applicant Cha­ran Jeet Singh, the accused Meer Singh also is alleged to be armed with country made pistol and they both are said to have fired, but ante mortem injuries No. 1, which was found on the person of deceased at the time of post mortem examination, was only fatal and since it is not ascertainable as to whose shot had caused this fatal injury, hence the applicant deserves bail on this ground.;