Learned counsel for the applicant submits that according to F.I.R. version Mohd. Shoeb brother of the informant was returning from a birthday party on 09.03.2021 at about 9:30 p.m., when he reached over bridge Kasya, applicant and coaccused Shiv Nath were ambushing on account of land dispute, the applicant, co-accused Shiv Nath and two unknown persons shot him from behind on account of which he became badly injured. The incident was witnessed by many persons. The brother of the informant informed to his brother-in-law Sadik Amin and called him, who took him Sadar Hospital Deoria from where he was referred to Medical College, Gorakhpur and thereafter referred to P.G.I., Lucknow. Subsequently, his treatment was going on in Shivay Hospital, Gorakhpur where according to opinion of Doctor operation of his back is to be conducted. As per injury report a lacerated wound of 2 x 2 cm. circular in shape depth not clear with blackening all around over wound over post aspect of right side of neck and 10 cm. lateral to mid line and 12 cm below to right shoulder joint blood oozing present was found and advised for x-ray. He further submits that as per statement of injured applicant stopped him and co-accused shot fire upon him. As per statement of brotherin-law of injured, injured informed him but did not tell who caused injury to him. After three days of the incident he has disclosed name of the applicant and co-accused. It is also submitted that the incident occurred in the night and as per F.I.R., shot was fired by applicant, his brother and two unknown persons from behind but a single injury has been found and as per allegation of F.I.R. itself there was an enmity between the
