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MOHAMMAD HUSSAIN @ CHHUTTAN versus STATE OF U.P.

High Court of Judicature at Allahabad

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Mohammad Hussain @ Chhuttan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 26172 of 2006 [2007] RD-AH 5127 (22 March 2007)

 

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

Hon'ble M. K. Mittal, J.

Accused applicant Mohammad Hussain @ Chhuttan son of Ameer Hussain has prayed for release on bail in Case Crime No. 464 of 2006, under Section 307 IPC, P.S. Bhot, District Rampur.

Learned A.G.A. has filed counter affidavit, keep it on record.

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 matter and that the injuries as allegedly caused by the accused by firearm were pellet injuries and no internal damage was found. He has also contended that applicant is in jail since 23.9.2006.

In the circumstances of the case, but without prejudice to the merit of the case, accused is entitled to bail.

Let the accused involved in above 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.

Thqe applicant shall furnish an undertaking before the court concerned that he will not indulge in any criminal or antisocial activity and 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 persons 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 take necessary legal action against the applicant.

Dated: 22.3.2007

RKS/26172/06


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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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