1. This order will dispose of the bail before arrest application filed by the applicants Nazir, Sikandar and Ghulam Akbar involved in Crime No,18 of 2002 of Police Station Fatehpur.
2. The facts giving rise to the present application are that on 14-12-2002 at 3 p.m. the complainant alongwith his father Mazhar and uncle Nusrat were returning from lands and reached the Otaq when the applicants Sikandar armed with rifle, Akbar armed with pistol, Nazir and Ghulam Shabir armed with guns and accused Akram armed with hatchet were found present with whom they had old enmity. it is alleged that applicant Akbar instigated the others not to spare the complainant party on which the applicant Sikandar fired from his weapon at the complainant, but it was missed and then accused Akram caused hatchet injury to P.W. Nusrat, who fell down on the ground, they raised cries on which other persons came and the accused persons ran away. A bail applicant was moved before the Sessions Court, but the same was dismissed on 1-1-2003, hence the present application.
3. The learned advocate for the applicants has stated that there is recorded enmity between the parties; that the part of instigation has been assigned to applicant Akbar, part of ineffective firing is assigned to applicant Sikandar and no part is assigned to applicant Nazir, therefore, their cases require further inquiry. He has further stated that interim challan has been submitted and the applicants are attending the Court regularly.
4. The learned A.A.-G. has stated that the injured had received only one injury on his shoulder and that too is swelling and that the applicants have not caused any injury to the injured. He has further stated that the role assigned to the applicants is yet to be determined at the time of trial as no empty bullet was secured from the Wardat to prove the fact of firing from the rifle of applicant Sikandar. He has stated that he has no objection to the confirmation of bail.
5. The record supports the above, contentions. As there is no empty secured from the Wardat, the question of firing from the rifle of applicant Sikandar is yet to be determined at the time of trial. The allegation against applicant Akbar is only proverbial instigation and no specific role is assigned to applicant Sikandar. There is old enmity between the parties, therefore, the case is viewed in the light of said enmity. However all these points are to be thrashed out at the time of trial, but at this stage, the case is made out for the grant of bail to the applicants.
6. In view of above position, interim pre-arrest bail already granted to the applicants is confirmed on the same terms and conditions.
7. The application is allowed.