( 1 ) THIS is the third bail application in Crime No. 97 under S. 302, I. P. C. , P. S. Naugawan Sadat, District Moradabad.

( 2 ) THE prosecution story as unfolded in the F. I. R. lodged on 29-5-85 at 11. 45 A. M. , is that the informant Yasins son Babu, and Iqbal, son of Sardar had gone to take ice in the morning. At about 9 A. M. when they were coming to the village Alampur Kech, Babu was surrounded by Gama and Khacheru, the applicants, Ejaz Haider and Amir Husain. Amir Husain intercepted Babu, the deceased by giving him a lathi blow at his cycle and told him that he would give him a lesson. Amir Husain exhorted Khacheru and the latter fired from his gun in the chest of Babu, who ran to the village. Thereupon Gama fired at Babu from a country made pistol. Babu fell on the ground. Thereupon Ejaz Haider gave a blow to the deceased. This occurrence was witnessed by Iqbal, who was accompanying the deceased and one Ramzani and Ismail. The police station was at a distance of 4 Km. from the place of occurrence. The post-mortem report has been filed. The deceased received injuries from the gun and country made pistol. When the charge sheet was submitted the name of Ejaz Ha