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Satendra v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. - 16327 of 2007  RD-AH 15259 (10 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble M. K. Mittal, J.
Applicant Satendra son of Nauwat Singh has prayed for release on bail in Case Crime No. 608 of 2007, under Section 302 IPC, P.S. Katghar, District Moradabad.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the applicant has contended that applicant has been wrongly implicated in this case. According to him first information report as lodged by the informant shows that this accused allegedly fired at his brother Partosh Kumar but that fire did not hit him. In this case, Partosh Kumar was also interrogated by the Investigating Officer under Section 161 Cr.P.C. and he also does not say that the fire made by Satendra hit him. However in his statement under Section 161 Cr.P.C. informant has stated that one fire made by co accused Samarpal hit his brother Partosh Kumar whereas he cannot say with certainty as to which of the fire made by other co accused Anil and the applicant Satendra hit his brother.
In the circumstances, applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
He shall also give an undertaking that he will not indulge in any criminal or antisocial activity and shall not give any threat to the complainant or the witnesses and if any adverse report is found, it shall be properly enquired into and report shall be made to this court so that his bail may be cancelled.
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