JUDGMENT :

Dhananjaya Y. Chandrachud, J

1. Leave granted.

2. A Single Judge of the High Court of Judicature at Allahabad, by an order dated 4 August 2022, directed the release of the first respondent on bail in connection with Case Crime No 126 of 2020 registered at Police Station Mundali, District Meerut, Uttar Pradesh for offences punishable under Sections 147, 148, 149, 302, 307, 352 and 504 read with Section 34 of the Indian Penal Code 1860¹[“IPC”].

3. The First Information Report was registered on 19 May 2020 on the basis of the complaint of the appellant against ten accused persons, namely, Nazim, Abubakar, Waseem, Aslam, Gayyur, Nadeem, Hamid, Akram, Kadir and Danish. The allegation in the FIR is that at around 7.30 pm on the same day, the accused who had prior enmity with the parties discriminately fired at the appellant and his sons and, as a result, two sons of the appellant, Abdul Khaliq and Abdul Majid sustained bullet injuries. Abdul Khaliq died on the spot, while Abdul Majid died on the way to the hospital. The appellant’s nephew is alleged to have been seriously injured during the course of the incident.

4. The postmortem report of the deceased, Abdul Khaliq, indicates th