- (1.) THE petitioner is accused for the offence under Section 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
(2.) IT is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case on account of previous enmity and as a matter of fact, the instant case is a counter blast to the case filed by the petitioner against the informant party. Learned counsel adds further that the petitioner was not available at the place of occurrence and he was at a distance of more than 400 km admitted in a hospital for a surgical operation of appendix and therefore, the petitioner cannot be present at the time of alleged occurrence of this case.
(3.) LEARNED counsel for the State opposes the prayer for bail inviting attention to the observation recorded in the impugned order of the court below wherein it has been observed that the petitioner's involvement in the alleged murder of the deceased has been witnessed by many eye witnesses and the allegation specifically made against him is that he opened fire to the informant which hit the deceased who came in between. There appears a prima facie case on the basis of the statement of witnesses. The petitioner's claim of alibi can be considered in course of trial.;