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Jahid v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 6951 of 2006  RD-AH 8701 (1 May 2006)
Criminal Misc. Bail Application No. 6951 of 2006
Jahid Vs. Sate of U.P.
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Jahid indicted in case crime No. 445 of 2005 under sections 302, 504, 120-B I.P.C. P.S. Sahibad District Ghaziabad .
Heard Shri R.K. Sharma ,learned counsel for the applicant, learned A.G.A. and have perused the record.
On 10.6.2005 at about 9.30 P.M. the complainant's brother is said to have shot dead by the applicant by opening fire from his country made pistol. According to the First Information Report the incident is said to have taken place in the presence of the complainant.
The learned counsel for the applicant submitted that the victim was admitted in the hospital by constable Shiv Kumar as an unknown person. It was pointed out that complainant in his statement recorded by the Delhi Police has stated that he reached the G.T.B. Hospital after receiving information about the incident. The learned counsel submitted that if the complainant had accompanied , the deceased would not have been admitted in the hospital as an unknown person. Learned counsel pointed out that averments made in paragraphs 8,9,10 and 11 of the bail application have not been denied by the prosecution in the counter affidavit.
Learned A.G.A. submitted that applicant is named in the First Information Report and commission of offence had taken place within the full view of the complainant.
I have taken into consideration the submissions advanced on behalf of both the parties.
The deceased was taken to the hospital by constable Shiv Kumar and entries made in the hospital record relate to unknown person aged 35 years. The complainant in his statement recorded by the Delhi Police stated to have reached G.T.B. Hospital after receiving information about the incident. The telephonic information recorded in the G.T.B. Hospital indicates that as unknown person with gun shot injury was admitted by constable Shiv Kumar. According to the First Information Report's version the complainant is said to be a witness of the incident.
Having considered all these facts and circumstances, I am inclined to grant bail to the applicant.
Let the applicant Jahid indicted in case crime No. 445 of 2005 under sections 302, 504, 120-B I.P.C. P.S. Sahibad District Ghaziabad . be enlarged on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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