JUDGMENT :

1. Heard Sri Bharat Kumar Dixit, learned counsel for applicant, learned A.G.A. for the State as well as Sri A.S. Parihar, Advocate who has put in appearance on behalf of complainant.

2. By means of this application, the applicant, who is involved in Case Crime No. 24/2021, under Sections -147, 148, 302, 34 I.P.C., Police Station-Kotwali Nagar, District - Raibareli, is seeking enlargement on bail during the trial.

3. According to the version in the F.I.R. that on 07.01.2021 the complainant and his brother Mohd. Yusa (deceased) and Mohd. Yamin were sitting in the baramda of Nakwi Market, the accused persons namely the Furkhan, Jisan Gadda, Hafiz Fujail, Adil, Ziyaul and 2-3 unknown persons came and started firing upon Mohd. Yusa, who succumbed to his injuries.

4. Learned counsel for the applicant has submitted that the role of firing has been assigned to co-accused Furkhan. In the statement of the informant recorded under Section 161 Cr.P.C. the role of firing has been assigned to the Furkhan, whereas in the statement of alleged eye-witnesses the role of firing has been assigned to co-accused persons Ziyaul and Furkhan. It is further submitted that neither in the F.I.R. nor in