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Mohammad Ahmad v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10860 of 2005  RD-AH 2895 (15 September 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The accused applicant Mohammad Ahmad Son of Mohd. Aslam has prayed for release on bail in case Crime NO. 206 of 2005 under Sections 302, 452 IPC, P.AS. Chhibramau, District Kannauj.
The accused applicant along with co accused Ghanashyam, Mohd. Shamim are alleged to have given fatal blows with sharp edged weapons in the house of complainant to Smt. Shavitri wife of the complainant at about 11 a.m. On 24.3.2005.
At that time, complainant had gone to his shop. On hearing shrieks Anil Kumar, Shiv Ratan and others reached towards the house of the complainant and knocked at the door and at that time three assailants came out of the house and ran away saying that they were playing Holi with Shavitri. Witnesses found that Smt. Shavitri was lying dead. Witnesses have been interrogated by the Investigating Officer on 8.5.2005.
Learned counsel for the applicant has contended that accused has been wrongly implicated in this case and that no one saw the incident and the Investigating Officer has not recorded any reason as to why he recorded the statements of the witnesses of fact and occurrence after a long delay of more than 1 and ½ months.
In the circumstances of the case, accused is entitled to bail.
Let the accused named above 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.
The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activities and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. 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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