JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Grant of bail to respondent No.2 (hereinafter referred to as accused ) has been challenged in this appeal.

3. Background facts as projected by the appellant essentially are as follows:-

One Prem Kumar (hereinafter referred to as the deceased ) was engaged in the business of money lending. He had advanced a loan of Rs. 2 lakhs to one of the accused persons named Naeem. On 11.3.2003, the deceased was called to the factory of one Kamil, where the accused Naeem was working as a contractor, by telephone call which was purportedly made by the accused Naeem. When the deceased went to that place, he was shot at by respondent No.2, accused - Meer Hasan and one other accused named Wasim. Accused-respondent No.2 shot the fatal shot. On the basis of statements made by three persons namely Nawab, Tulshi Ram and Harish Kakkar the respondent No.2 was taken to custody. The first information report was lodged by a person who was not an eye witness. In the first information report, it was indicated that unknown assailants killed the deceased. After arrest the accused Meer Hasan filed application for bail before the learned Sessions Judge, Saharanpur, which