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Nabab v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8326 of 2006  RD-AH 8971 (4 May 2006)
CRIMINAL MISC. BAIL APPLICATION NO.8326 OF 2006
State of U.P........................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri P.K. Bhardwaj learned counsel for the applicant and learned A.G.A. for the State.
Submission on behalf of the applicant is that the occurrence is alleged to have taken placed on 11.1.2006 at 8:00 p.m. and the First Information Report has been registered at 22:00 hours on the same day. According to narration of the First Information Report, all the accused are alleged to be armed with firearms including the present applicant, who is said to be armed with pistol. There was no motive to kill the deceased Firoz. According to prosecution itself, deceased Firoz received injuries only because he arrived at the place of occurrence at the time of firing by the accused and while other residents of the area started pelting stones. Cross version has also been given. An application under Section 156(3) Cr.P.C. was moved before the Chief Judicial Magistrate, Bulandshahar on 23.1.2006 and First Information Report was registered at case crime no. C-8 of 2006 against six persons including the first informant. Copy of the same has been annexed as annexure no.5 to the affidavit filed in support of the bail application. An affidavit has been filed by Smt. Aayasha mother of the deceased, who also happens to be an injured witness denying participation of the accused.
Without giving any opinion on merit of the case, the bail application is allowed.
Let applicant Nabab s/o Islam be released on bail in Case Crime No. 9 of 2006, under Sections 304, 336, 326 I.P.C., Police Station Sikandrabad, District Bulandshahar on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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