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Maqsood Khan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9279 of 2006  RD-AH 10560 (30 May 2006)
CRIMINAL MISC. BAIL APPLICATION NO. 9279 OF 2006
State of U.P............................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri P.N. Misra, Senior Advocate assisted by Sri Apul Misra, learned counsel for the applicant and learned A.G.A. for the State.
Allegation in the First Information Report is that the accused has caused firearm injuries to the deceased. There are three injured witnesses. Submission on behalf of the applicant is that injuries of the injured witnesses was reported to be simple in nature and supplementary injury report although shows presence of radio opaque shadow of metallic density but no internal damage or fracture was found. It has not been specified either in the statement of the first informant or in the statement of the witnesses as to who was responsible for causing injuries to the deceased.
Supplementary affidavit has been filed bringing on record injuries caused on the side of the accused. Annexure nos. S.A.-1 and 2 are injury reports of Ubaish and Mehrab Shah. A cross case was also registered and proceeding under Sections 107/116 Cr.P.C. was initiated. Besides, reliance has been placed on decision of the Apex Court in the case of Bashishth Singh and another Vs. State of Bihar 2004, SCC (criminal) 1127. The Apex Court had ruled that where there are counter cases though both cases were investigated but final report was submitted in one of the cases, yet the accused in other case was enlarged on bail.
Sri Misra has annexed a copy of the cross F.I.R. as annexure no.7 to the affidavit filed in support of the bail application, which was registered at case crime no. 270-A of 2005 under Sections 147, 148, 149, 307 I.P.C.
In view of the aforesaid decision and arguments advanced on behalf of the applicant, without giving any opinion on merits of the case, the bail application is allowed on the following conditions that:
a. the applicant shall not tamper
with evidence; and
b. the applicant shall report to the court of learned C.J.M. concerned in the first week of each month. In default, the bail granted to the applicant shall be deemed cancelled.
Let applicant Maqsood Khan s/o Manjoor Khan be released on bail in Case Crime No. 270 of 2005, under Sections 302/ 307/34 I.P.C. and 123 of Representation of the People Act, Police Station Qader Chowk, District Badaun on his executing a personal bond and furnishing two sureties of Rs.50,000/- (Rupees fifty thousand) each in the like amount to the satisfaction of the court concerned.
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