- (1.)Leave granted.
(2.)Challenge in this appeal is to the order of a Division Bench of the Allahabad High Court granting bail to the respondent Nos. 2 to 4 during the pendency of Criminal Appeal No. 3693 of 2007.
(3.)Background facts as projected by the complainant in FIR Case Crime No. 198 of 2005 of P.S. Kotwali district, Rampur, Uttar Pradesh are as follows:
The FIR was lodged on 29.5.2005 stating that the respondent armed with deadly weapons alongwith co-accused Chhote and Raza came to a milk dairy where brother of the appellant namely Javed (hereinafter referred to as the 'deceased ) was milking the buffaloes. He was attacked with Patala Daon - a sharp edged weapon, knife and dagger due to which he fell down after receiving the fatal injuries. The accused persons thereafter fled away towards the forest after terrorizing people by firing in the air. Prior to this incident, respondents Lalam and Murshad and co-accused Chhote had stolen a buffalo of the deceased and for that they were required to pay Rs. 20,000/- as per the decision of the panchayat held earlier. Appellant brought the injured to the hospital where he was declared dead. The incident had taken in a broad day light in a busy Hazratpur crossing at Rampur City and was witnessed by many persons.

After investigation, charge sheet was filed. On the basis of statement made by respondent Lalam recovery of a Patal was made. Subsequently, blood stained dagger was also recovered. Similarly, one country made pistal and five life cartridges were recovered. Accused Raza Ali could not be apprehended and he has absconded. Learned Additional Sessions Judge, Rampur, placing reliance on the evidence of the witnesses found the respondents guilty. Each of the respondents 2 to 4 and co-accused Chhote was awarded life sentence. An appeal (Criminal Appeal No. 3693 of 2001) was filed before the High Court. The respondents filed an application for release on bail. By the impugned order bail has been granted.