JUDGMENT

Dr. Arijit Pasayat, J. —

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 ha