( 1 ) THIS bail application has been filed by Tauseef Ahmad @ Tauseem in Case Crime No, 328 of 2004, Under Section 302, 307, 34 IPC, P. S. Asmoli, district Moradabad.

( 2 ) ENCAPSULATED facts in the thumbnail description are registered thus. Amar Singh Verma (informant) on 12,6. 2004 had gone to his village Madala Fatepur from Moradabad on vacation, in the night intervening between 12/13 ,6,2004 he alongwith his siblings elder brother Vijay singh and two younger brothers Rajveer Singh and Aman Singh alongwith nephew Sumit kumar were sleeping on their platform on the cot. Sumit Kumar was sleeping on the same cot alongwith Rajveer Singh, In the night at about 1. 30 A. M. on 13. 6. 2004 the three named accused persons Asrat and Asrar both s/o Sharafat Husain and Tauseem s/o Asrat (present applicant)armed with country made pistol came to the said platform (Chabutra) and at the instigation of accused Asrat, accused Asrar shot at Rajveer, younger brother of the informant. The shot hit sumit Kumar and also caused a gun shot entry wound at the back of Rajveer Singh and an gun shot exit would through his abdomen. The informant Amar Singh Verma, his brother Vijay singh and A