High Court of Judicature at Allahabad
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Sher Mohammad v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 2154 of 2007  RD-AH 2899 (21 February 2007)
Hon'ble M. K. Mittal, J.
Accused applicant Sher Mohammad son of Sri Mukhtyar @ Mukkhi has prayed for release on bail in Case Crime No. 462 of 2006, under Sections 364, 201, 120-B IPC, P.S. Banna Devi, District Aligarh.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the applicant has contended that it is alleged that accused was seen in the company of the deceased by three witnesses. It is further alleged that one Muffler was recovered at the pointing out of the accused but it has come in evidence that the accused was on separate motorcycle and the deceased was on another motorcycle being driven by Sri Pal. It has also come that the alleged Muffler was not of the deceased and the corpus was also not recovered. There is no specific allegation against the applicant and his case is distinguishable from other accused persons.
In the circumstances of the case, applicant is entitled to bail.
Let the applicant involved in above noted case crime 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 before the Court concerned that he will not indulge in any criminal or antisocial activity; will not cause either any direct or indirect threat or any physical violence to the complainant and the witnesses and their family members and shall also not tamper with the evidence. If any such report is made by any of the above person either to the Court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the Court below to report to this Court so that his bail may be cancelled.
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