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SHABIR versus STATE OF U.P

High Court of Judicature at Allahabad

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Shabir v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 7625 of 2007 [2007] RD-AH 6807 (13 April 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 Vijay Kumar Verma, J.

Heard Sri Amit Misra, learned counsel for the applicant and learned A.G.A. for the State and perused the record.

A theft was committed in the intervening night of 29-30/10/2006 in the house of Nripendra S/o Pritam Singh in Village Maleshia, P.S. Shivala Kalan, District Bijnor, and injury was caused by fire arm to Bhogendra Singh, who died subsequently in hospital.

The main submission made by the learned counsel for the applicant is that the applicant is neither named in the F.I.R. nor any recovery has been made from him. No identification was made during investigation and the applicant has falsely been implicated in this case.

On the contrary, bail has been opposed by learned A.G.A. on the ground that one shawl of the applicant was found lying in the house.

Having heard the parties' counsel and keeping in view the fact that neither the applicant is named in the F.I.R. nor any article of theft was recovered from him and further having regard that he was not got identified  during investigation by the witnesses, without expressing any opinion on merit, the applicant may be granted bail in this case.

Let the applicant Sabir S/o  Nazir Ahmad involved in Case Crime No. 844 of 2006, under Section 460 I.P.C, P.S. Shivala Kalan, District Bijnor be released on bail on his executing a personal bond of Rs.30,000/- and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.

17.04.2007

YC/ Bail Application No. 7625/07


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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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