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SAJID versus STATE OF U.P.

High Court of Judicature at Allahabad

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Sajid v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17156 of 2005 [2006] RD-AH 9635 (16 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.54

CRIMINAL MISC. BAIL APPLICATION NO. 17156 OF 2005

Sajid .................................................Applicant.

                   Versus

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

Hon. Mrs. Poonam Srivastava, J.

Heard Sri Satish Trivedi, Senior Advocate assisted by Sri S.S. Pandey and Sri Roshan Khan learned counsels for the applicant and learned A.G.A. for the State.

According to the First Information Report, applicant Sajid has been attributed role of firing along with one unknown person on account of previous enmity, which resulted in death of the deceased.  First Information Report was lodged promptly at 9:10 p.m. on 8.5.2005.  

Submission on behalf of the applicant is that there is only single firearm injury caused to the deceased, therefore, participation of two accused stands completely ruled out. The Investigating Officer has tried to substantiate this anomaly by examining other eye witnesses after lapse of six days, who has implicated only the present applicant. Therefore, it is emphatically argued that the definite improvement has been made by the prosecution only with a view to corroborate medical evidence with that of ocular version.  

After hearing counsel for the respective parties at length, participation of present applicant Sajid cannot be ruled out. The bail application is rejected at this stage.

Dt. 16.5.2006

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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