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Nujhat Fatma @ Mahjabi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 682 of 2007 [2007] RD-AH 2257 (12 February 2007)


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Criminal Misc. Bail Application No. 682 of 2007

Nujhat Fatma @ Mahjabi Vs. State of U.P.

Hon. Ravindra Singh, J.

Heard Sri Hardev Singh, learned counsel for the applicant, learned A.G.A. and Miss. Sufia Saba, learned counsel for the complainant.

It is contended by learned counsel for the applicant that in the present case the dead body of a unknown person was recovered on 25.11.2006, post mortem was conducted on 26.11.2006 at 2.15 P.M., it  was published in the newspaper dated 26.11.2006 that a dead body of a unknown person was recovered, thereafter the first informant went to the mortuary where dead body was identified. After cremation of the dead body F.I.R. was lodged on 27.11.2006 at 3.35  P.M.  The applicant and three other co-accused persons were named as accused only on the basis of doubt and suspicion. There is no direct eye witness account but during investigation the statement of one Ram Naresh was recorded, who stated that on 24.11.2006 he saw the deceased when he was entering into the house of the applicant. There is no other evidence against the applicant but the applicant has been falsely implicated in the present case with the allegation that he was having illicit relation with the deceased. The applicant is innocent, he has not committed the alleged offence. The naming of the applicant is after  thought.

In the reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that applicant was instrumental in committing the murder of the deceased as she was having relation with the deceased and she was having strong motive to commit the alleged offence.

Considering the facts, circumstances of the case, submissions made by learned counsel for the complainant and without expressing any opinion on the merits of the case the applicant is entitled for bail.

Let the applicant Nujhat Fatma, involved in case crime no. 110 of 2006  under Sections 302 and 201 I.P.C., P.S. Karaily, District Allahabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Dt.  12.2. 2007



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