JUDGMENT :

1. Heard Mr G. S. Chaturvedi, learned Senior counsel assisted by Mr Ajatshatru Pandey, learned counsel for the applicant, Mr Harikesh Kumar Gupta, learned counsel for the informant, learned AGA for the State and perused the record.

2. Present application under Section 439 Cr.P.C. has been filed by the applicant, namely, Anil Bhati @ Sonu for release on bail, who is involved in Case Crime No. 0850 of 2020, under Sections 307, 120-B IPC, P.S. Phase-3, District Gautam Buddh Nagar.

3. As per the version of the FIR, on 14.4.2019, the informant, namely, Yogendra Yadav and his brother Shivram Yadav had gone to village Bahlolpur to attend a function in family. It is alleged that in the night at about 11.00 to 11.30 P.M. two unknown persons on a motorcycle made indiscriminate firing upon the house of the informant with an intention to kill him, and at that time only the security guard, namely, Chandra Pal was present at his house, who is said to have telephoned the informant about the alleged incident. It is further alleged that the informant, after reaching his house, is said to have informed the police by ‘dialling 100’ and the police is said to have reached the place of occurr