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FARAHIM @ IRFAN versus STATE OF U.P.

High Court of Judicature at Allahabad

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Farahim @ Irfan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11534 of 2006 [2006] RD-AH 10647 (15 June 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Farahim alias Irfan involved in case Crime No. 298 of 2005 under section 302 I.P.C., Police station Phase-2 Noida, district Gutam Budh Nagar.

Heard Sri Satish Kumar Tyagi, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel submitted that the applicant is not named in the first information report. The learned counsel urged that one Satish owner of TATA Sumo No. H.R.-26-8420 has been named as a suspected accused. The learned counsel contended that the only evidence against the applicant is their extra judicial confessional statement made before the two witnesses.

The learned AGA argued that there is criminal history of 8 cases against the applicant.  The learned counsel could not place any other evidence except extra judicial confession of the applicant made before the witnesses.

I have taken into consideration the submissions advanced on behalf of both the parties.

The only evidence against the applicant is extra judicial confessional statement made before the witnesses. According to the extra judicial confessional statement the applicant is said to have taken charge of the steer of the vehicle. In view of these facts, I consider it to be a fit case for grant of bail.

Let the applicant Farahim alias Irfan involved in case Crime No. 298 of 2005 under section 302 I.P.C., Police station Phase-2 Noida, district Gutam Budh Nagar, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/- 15.6.2006

Mahmood-11534-06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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