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Javed v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 915 of 2005 [2005] RD-AH 6246 (23 November 2005)


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Court No. 19

Crl. Misc. Bail Application No. 915 of 2005

Javed .....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.

The applicant Javed is involved in case crime No  313 of 2004, for the offences  under Sections 394,302 ,201 I.P.C, Civil Lines, district Aligarh.

It is alleged that the applicant  along with co-accused Naved ( not applicant), on the pretext  of serious ailment  of father took the vehicle  (TATA Sumo No. U.P. 83-B 6901). The complainant's   son Guddu also sat on that vehicle. This incident   took place on  17.7.2004.  It is said that neither  the vehicle came back nor the son of the complainant. His son's mobile  was also switched off. Admittedly  on 24.7.2004 i.e.  after about  a week  report was lodged. There is recovery made on 27.7.2004 of one skeleton said to be of the victim. But  the age, sex  and cause of death could not be  ascertained because   the entire flesh was eaten away by  wild animals as mentioned  in the inquest report itself. It is also said that  one pant, belt and underwear  were recovered by the  side of the skeleton but no furd  was been prepared. There is also no recovery  from the  possesion of the applicant. Above all, the co-accused  Naved has been enlarged  on bail by this Court's order dated 21.6.2005. The allegations are concededly similar.

In view of the entire  facts, circumstance and considering  some of the arguments advanced on behalf of the applicant as mentioned  herein above, without any prejudice  to the merit of the case, I find it to be a fit case for granting bail.

Let the applicant Javed involved in case Crime No. 313 of 2004, under Sections 394,302,201, I.P.C,  Police Station Civil Lines, district Aligarh  be  enlarged on bail on his furnishing a personal bond and two sureties  each  in the like amount   to the satisfaction of the Court concerned.

 Dt. 23.11.2005.



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