JUDGMENT :

1. Heard Sri. Zia Uddin Ahmad, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned AGA 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 Sher Ali, seeking enlargement on bail during trial in connection with Case Crime No. C-37 of 1997, under Sections 364, 304, 506 IPC, registered at Police Station Phoolpur, District Varanasi.

3. The prosecution case as per the First Information Report registered by Sanjay Kumar Gupta the son of the deceased Gokrakhnath @ Om Prakash Gupta against Shankhdhar Dwivedi Sub-Inspector, Sher Ali, Digvijay Pandey, Jagat Singh, R. Rajan, Suresh Prasad Agarwal, Mahesh Chandra Agarwal and one unknown person of Kumar Guest House, Lanka, Varanasi and some other persons on 28.02.1997 at about 04:00 AM is as follows:-

(i) On 27.02.1997 at about 07:00 PM, one person whose name is not known but can be identified by the first informant and lives in Kumar Guest House, Lanka, Varanasi who if appears can be identified along with Mahesh Chandra Agarwal the brother of a transporter Suresh Prasad Agarwal of Shahdol, Madhya Pradesh came to the ho