It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 05.10.2016, at about 04:30 p.m., due to sudden quarrel, the applicant fired on Lucky, who is the brother of the informant, but, for saving him, mother of the applicant came in front of him, due to which, the said fire hit his mother because of the same she has sustained injuries in her abdomen. Rishi Tripathi, the co-accused has also lodged the F.I.R. for the same incident against three persons regarding murder of his mother. Learned counsel for the applicant states that the witnesses have been examined and they have turned hostile. He has further been submitted that due to dispute between the two parties it is by-chance that mother of the applicant who came to intervene in the fight between Lucky and the applicant has sustained injuries and subsequently died. The applicant is languishing in jail since 05.02.2017. The criminal history of applicant has been explained in paragraph no.20 of the affidavit in support of bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
