JUDGMENT :

Alok Kumar Verma, J.

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with F.I.R. No.461 of 2019, registered with Police Station-Rudrapur, District Udham Singh Nagar for the offence under Section 302 read with Section 34 of I.P.C..

2. Facts, to the limited extent necessary, are that the informant Rinku Kashyap S/o Babu Ram lodged an F.I.R. against the present applicant-accused along with two co-accused persons, namely, Sukhnandan and Hardev, the brothers of the present applicant-accused.

According to the F.I.R., on 01.09.2019, the informant was going to his house with his brother Prem Shankar (deceased) on his Super Splendor motor cycle, bearing Registration No. UK-06 AQ-2438. They reached near Balmiki temple at around 8.30 p.m. Sukhpal, the present applicant-accused, was standing in the middle of the road. The applicant Sukhpal was asked to move out of the road. Sukhpal started misbehaving with him. Prem Shankar interrupted him, then, Sukhpal slapped Prem Shankar. One Chanchal of Diwakar Medical Store had intervened. The present applicant, Sukhpal and his two brothers Sukhnandan and Hardev brought weapons from Nand