JUDGMENT

CRL.M.A. 10361/2023 (for exemption)

1. Allowed subject to all just exceptions.

2. The application stands disposed of.

BAIL APPLN. 1269/2023

3. The present application has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in FIR No. 549/2017 dated 13.07.2017 registered under Section(s) 302/120B/212/34 IPC and Section 27 of the Arms Act, 1959 at PS: New Usmanpur.

4. As per FIR, on 12.07.2017 at about 7:15 PM the complainant, brother of the deceased, went outside to call the deceased when he was sitting near the khokha near Fire Station wall with his friends, when two motorcycles stopped near him, out of which, one of the co-accused, sitting behind on the motorcycle driven by the applicant herein, shot the deceased and one of his friends and then fled from the scene. The deceased was then taken to the Jag Parvesh Chander Hospital, where attempt was made to resuscitate him but he was declared dead, whereafter the present FIR was registered.

5. During the course of investigation, the applicant and other co-accused were arrested on 20.07.2017. After filing of the chargesheet in October, 2017 charges were framed on 18.0