JUDGMENT :

SAMIT GOPAL, J.

1. Heard Sri. Vivek Kumar Singh, learned counsel for the applicant, Sri. Anjani Kumar Raghuvanshi, learned counsel for the first informant and Sri. Manu Raj Singh, learned A.G.A. for the State and perused the material on record.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Moti, seeking enlargement on bail during trial in connection with Case Crime No. 375 of 2019, under Sections 147, 148, 149, 307, 302 and 506 I.P.C. registered at Police Station Modinagar, District Ghaziabad.

3. The prosecution case as unfolded in the First Information Report lodged on 17.04.2019 at about 21:54 hrs at P.S. Modinagar, District Ghaziabad by Vikas son of Bijendra Singh for an incident which took place on 17.04.2019 at about 5.00 p.m. is that labours were sowing the crop of sugar-cane his field and when he was returning from his field in the evening then at about 5.00 p.m. he saw the accused persons namely Akshay and Sunny both sons of Jitendra, Ankit and Moti both sons of Satbir and Bhanu entering in the house of Vicky Tyagi and then he heard the sound of firing from inside the house to which he entered in the house o