MAISAR KHAN versus STATE OF U.P

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Maisar Khan v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 22144 of 2006 [2006] RD-AH 20566 (5 December 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 45

CRIMINAL MISC. II BAIL APPLICATION NO. 22144 OF 2006

Maisar Khan.............................................Applicant.

                                         Versus

State of U.P  .........................................Opposite Party.

Hon. Mrs. Poonam Srivastav, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is second bail application on behalf of the applicant. First bail application was rejected by this Court on 25.7.2006. The submission made on behalf of the applicant is that the applicant has been assigned specific motive and also causing firearms injury but whose fire missed the victim, can only be ascertained during the trial.  The occurrence has taken place in the intervening night on 24/25.12.2005 at 1:30 a.m. and the report was lodged at 7:05 a.m. on the same day. Learned counsel for the applicant has placed the statement of P.W.1 Smt. Hajara Begam wife of the deceased, who is complainant. It is argued that in view of the statement on oath given by P.W.1 , wife of the deceased, she has unequivocally stated that there was no compromise with Sher Khan.  This was falsely mentioned in the First Information Report.  Besides, she also admitted that contents of the F.I.R. was written out on the instruction of S.O. and other constables present at the police station. The contents of the F.I.R. was written by Moti Lal on the instructions of the Sub Inspector and she has only affixed her thumb impression. Thus in these circumstances, if the F.I.R. stands falsified, which is the basis of prosecution case, there nothing remains and the prosecution case stands completely falsified.  A supplementary affidavit has also been filed bringing on record statement of Daultat Khan, that has been recorded on 27.9.2006.  He has been declared hostile by the A.D.G.C. Thus only statement that remains is only of Rais Khan, whose presence is very doubtful in view of statement of other witnesses.  Besides, it is stated that the applicant is in jail since more than one year.

In view of these new development, bail application of the present applicant is allowed.  

Let the applicant Maisar Khan son of Shamshad Khan involved in case crime no. 645 of 2005, under Sections 302,  452 I.P.C., P.S. Kemri, District Rampur, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the concerned court.

Dt. 5.12.2006

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