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Mohd. Salim v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12440 of 2005  RD-AH 5025 (27 October 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Accused applicant Mohd. Saleem son of Sri Bakridi has prayed for release on bail in case Crime No. 242 of 2004 under Section 364, 302, 201 IPC, P.S. Colonelganj, district Kanpur Nagar.
Prosecution case is that Mohd. Furkan, four and a half years old son of Moh. Khalid was missing on 3.11.2004 and in that connection a Gumsudgi report was lodged at P.S. Colonelganj by his uncle Mohd. Aarif. In the report no suspicion was shown against any person. Mohd, Aslam, neighbour of the complainant informed the Police on 9.11.2004 that the dead body of a child was lying in the Ganda Nala near slaughter house. Thereafter father of the missing boy was called upon by the Polcie and he identified it as dead body of his son. Thereafter the case was converted to Sections 302, 364 and 201 IPC on 9.11.2004. Father of the complainant Mohd. Khalid, Grand Father Mohd. Tahir and other witnesses were interrogated but they did not name any person. For the first time on 21.11.2004 Mohd. Aslam and his wife stated in their statemetns under Section 161 Cr.P.C. that on 3.11.2004 they had seen the accused applicant and the co accused Mohd. Zaki taking Mohd. Furkan towards the shop of Abdul Khalid, however, they did not tell this fact on 3.11.2004 or even when the dead bdoy was found in the Ganda Nala or till 21.11.2004 out of fear of the applicant, who is alleged to be a criminal.
Post mortem report shows that cause of death was due to asphyxia as a result of drowning.
Learned counsel for the accused applicant has contended that the accused has been falsely implicated in this case and the co accused Mohd. Zaki has been directed to be released on bail by this Court vide order dated 23.9.2004 passed in Criminal Misc. Bail Application No. 4112 of 2005. Record shwos that accused applicant is similarly situate person and is also entitled to bail.
Let the accused involved in above noted case Crime be released on bail on furshing 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 activity 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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