High Court of Judicature at Allahabad
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Ikram Khan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3776 of 2006  RD-AH 4698 (28 February 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that according to prosecution version the alleged occurrence had taken place at about 6.30 p.m. on 29.1.2005. The dead body was found inside a field. It is said that the applicant and other co-accused Fandan Khan fired indiscriminately. Consequently, the deceased received injuries. The injuries were caused while the deceased was running towards the field. It is contended that the prosecution story is not corroborated by the post mortem report, because according to post mortem report injuries no. 1,2 and 6 are incised wound and injury no. 4 is abrasion. The incised are unexplained. The injury no. 3 shows that it was having blackening around the bone. The shot was fired from closed range. The story of causing injury while the deceased was running towards the field is belied by these injuries.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Ikram Khan involved in Case Crime No. 64 of 2005, under Section 302 I.P.C., Police Station Bhojipura, District Bareilly be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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