JUDGMENT

Hima Kohli, J. - Leave granted.

2. This appeal is directed against the order dated 19th September, 2018 passed by the learned Single Judge of the High Court of Allahabad in Criminal Miscellaneous Bail Application No. 609 of 2018 whereunder the application filed by the respondent No. 2 under Section 439 of the Criminal Procedure Code¹[For short the Cr.P.C.] was allowed and he was enlarged on bail subject to certain conditions stipulated therein. The original complainant, wife of the deceased has preferred this appeal by way of special leave against the said order before this Court.

3. Initially, petitions for special leave to appeal were filed against two respondents namely, Shivraj Singh alias Lalla Babu [respondent No. 2] and Sonu [respondent No. 3]. However, by an order dated 2nd July, 2019, the petition qua the respondent No. 3 was dismissed and notice was issued in respect of the second respondent while taking note of the fact that vide judgment dated 20th December, 2012, passed by this Court in Criminal Appeal No. 1416 of 2012, bail granted to the said respondent had been cancelled. As a result, Petition for Special Leave to Appeal (Crl.) No. 5103 of 2019 filed by the respondent No. 3 was disposed of.

4. On the basis of a complaint made by Smt. Meena Devi, wife of the deceased, FIR No. 173 of 2012 was registered at P.S. Civil Lines, District Badaun for the offence punishable under Section 302 of the Indian Penal Code²[For short the IPC]. It was stated by the appellant/complainant that when she and her husband, Narain Singh were returning home on a motorcycle in the evening of 16th June, 2012, after having visited Badaun where he was to appear in the Court in a case pending trial against the respondent No. 2 herein, four out of the five accused persons came in a Jeep, intercepted them and started firing gunshots at Narain Singh on point blank range. Though the complainants brother, Sanjeev Kumar Singh accompanied by one Hari Singh, who were following the deceased and his wife, had tried to save him and take him to the District Hospital, he succumbed to the injuries on route. The complainant stated that the dispute between the parties related to the ownership of a school namely, Janta Junior High School, Madhukar Police Station, Tehsil Shahbad, where her husband was employed as the Head Master. Earlier, on 13th December, 2011, the same set of the accused persons had abducted her husband from Asafpur Railway Station, Faizganj, Behata. Respondent No. 2 who claimed ownership of the aforesaid school was instrumental in the said abduction. A case relating to the said abduction was pending trial in a Court in Badaun where the deceased was the prime witness. While in detention in jail at Badaun, respondent No. 2 had hatched a conspiracy with four co-accused persons and planned to eliminate the deceased against whom he bore a grudge of having deposed against him as a witness in the kidnapping case.

5. After the investigation was complete in FIR No.173 of 2012, the respondent No.2 was charged with the offence under Section 302 read with 149 and 120B IPC. Charges were framed against him and the coaccused persons on 3rd January, 2014. During the trial, respondent No.2 was admitted to bail. Vide common judgment dated 6th January, 2018, the Sessions Court held the respondent No. 2 and the other co accused persons as guilty for the offence under Section 302 read with Sections 149 and 120B IPC. Respondent No.2 was sentenced to undergo life imprisonment. Resultantly, bail granted to the respondent No. 2 and three other co-accused was cancelled.

6. The role of the respondent No. 2 in having hatched a conspiracy with the other co-accused persons of shooting down the deceased, has been elaborately dealt with in paras 53 to 55 of the judgment dated 6th January, 2018 passed by the Learned Additional Sessions Judge, Badaun wherein the tes