JUDGMENT

Vijay Kumar Verma, J.

By means of this application u/s 439 of the Code of Criminal Procedure (in short 'the Criminal Procedure Code'), prayer for bail has been made on behalf of the applicant Amar Nath Yadav S/o Sukhu Yadav, who is facing trial in S.T. No. 143 of 2008 State v. Amar Nath Yadav and Ors. arising out of Case Crime No. 60 of 2008 under Sections 302, 307 and 506, I.P.C., P.S. Chunar, district Mirzapur.

2. An F.I.R. was lodged by the complainant Vijay Kumar Yadav on 31.1.2008 at 8.20 p.m. at P.S. Kotwali, Chunar (Mirzapur) at Case Crime No. 60 of 2008 with the allegations that on 30.1.2008 at about 8.30 p.m., the accused Amar Nath Yadav (applicant herein), Gulab Yadav and Pyare Lal Yadav, all sons of Sukhoo Yadav r/o Saraiya Sikandarpur, P.S. Chunar and one unknown person fired on Jawahar Yadav (father of the complainant), thereby causing injuries to him. Further case of the prosecution is that as a result of the injuries sustained by Jawahar Yadav in the said incident, he died in the hospital during treatment on 3.3.2008.

3. I have heard arguments at length of Sri. P.K. Singh, advocate, appearing for the applicant and A.G.A. for the State.

4. The first and foremost s