JUDGMENT Bachchoo Lal,J. This bail application has been moved on behalf of the applicant Shahid @ Laddan, who is involved in Case Crime No. 43 of 2016, under sections 302, 120B, IPC, P.S. Kotwali Nagar, District Aligarh. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. There was no illicit relation in between the applicant and wife of the deceased. It has further been submitted that Sahid @ Lalla and Saddam son of Gulshed are said to be eye witnesses of the alleged incident. In their statements they have disclosed the name of co-accused Mustakeem. co-accused Mustakeem is not named in the FIR. The statements of the above witnesses are not believable. It has further been submitted that the applicant has not committed the alleged offence. False recovery of a country made pistol of 315 bore has been shown on the pointing out of the applicant after 15 days of the alleged incident. There is no criminal history of the applicant and is in jail since 19.2.2016. Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is main accused. The applicant is named in the FIR. Sahid @ Lalla and Saddam son of Gulshed are eye witnesses of the alleged incident. In their statements they have stated that the applicant opened fire upon the deceased due to which he died. A country made pistorl of 315 bore used in the commission of the murder of the deceased was also recovered on the pointing out of the applicant, therefore, the applicant is not entitled for bail. Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail. Consequently, the prayer for bail of the applicant Shahid @ Laddan is hereby refused and the bail application is rejected.