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Salim v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 310 of 2006  RD-AH 1044 (16 January 2006)
Court No. 19
Crl. Misc. Bail Application No. 310 of 2006
Salim .....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 is involved in case crime No. 372 of 2005, for the offences under Sections 302, 201, I.P.C., Police Station Brahmpuri, district Meerut.
It is alleged that a report about missing of his son w.e.f. 12.10.2005 was lodged by the father on 16.10.2005. In the meanwhile a dead body was found on the Delhi Murababad railway track but it was disposed of after post mortem and inquest report. Only clothes were identified by the father on 19.10.2005. In the post mortem following ante mortem injures were found :-
1. Left forearm amputated at mid shaft level bone and soft tizu open cut with blunt type object.
2. Left Side of head shows temper parietal deep wound with fracture skull 10.8cmx 8.8 cm wide with all brain matter spilled out of skull.
Against the genuineness of the prosecution case and the proposed evidence as also the involvement of the accused it was emphasized that in the initial report about missing of his son, the father did not mention any body as accused even though the report was lodged after a gap of about 4 days. It was further emphasized that even in the second F.I.R. was lodged on 19.10.2005 the main allegations are against the co-accused Arif ( non applicant) who has already been enlarged on bail in criminal Misc. Bail application No. 22841 of 2005 against whom alleged recovery of ATM card and visiting card etc. belonging to the deceased has been made. This incident is said to have taken place due to some illicit relation of Arif with one girl Sweta who was working in the courier shop along with deceased. The applicant is said to be merely relative of co-accused Arif. It was further pointed out that some of the factors tend to suggest that probably when a dead body was found on the railway track, the post mortem was conducted and after inquest it was disposed of. Subsequently on the basis of alleged identification of clothes a futile effort was made to connect it with the deceased of the case although there is difference in age and height of both . According to F.I.R. the age of the deceased was 23 years whereas the postmortem was performed on a body of male aged about 30 years and its height being 150cm. i.e. about 4' 11 " as against the height of deceased as mentioned in the F.I.R. as 5" 3 inch. Moreover first injury itself shows that left fore arm of the body was amputated at mid shaft level bone. Learned counsel argued that the said injury can be caused by falling from the running train. Similarly it was pointed out that in the absence of any thickness of the iron rod mentioned in the alleged furd etc. injury no.2 cannot be substantiated. The sole evidence of last seen against the applicant is that of Om Veer, uncle of the deceased. There is no criminal history against to his credit.
The bail was, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, significantly enlargement of main accused Arif on bail, absence of support from medical evidence of the alleged manner and the entire case being based on fragile type of circumstantial evidence of the last see, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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