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Ghulam Mohammad Shafiq Raza Alias Baba v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21622 of 2005  RD-AH 11591 (17 July 2006)
CRIMINAL MISC. BAIL APPLICATION NO. 21622 OF 2005
Ghulam Mohammad Shafiq Raza @ Baba .......Applicant.
State of U.P............................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri V.P. Srivastava, Senior Advocate, assisted by Sri Lav Srivastava, Advocate, Sri Jagdish Singh Sengar learned counsel for the applicant, learned counsel for the first Informant and learned A.G.A. for the State.
According to narration of the First Information Report, there are six accused named in the F.I.R. and all the accused are said to have caused injuries by their respective weapons, which resulted in the death of two brothers Afroz Hasan and Imtiyaz Hasan. Submission on behalf of the applicant is that the bail has been granted by this Court to the co-accused Jan Mohammand in bail application no. 18042 of 2005 on 21.9.2005. The statement of the first informant Firoz Hasan recorded under Section 161 Cr.P.C. is annexed as annexure no. 6 to the bail application. Perusal of the statement shows that the present applicant along with co-accused Nazmul and Jan Mohammad have been attributed role of causing firearm injuries to Imtiyaz Hasan. Post mortem report of Imtiyaz Hasan shows that there is a single firearm injury caused to him. Since co-accused Jan Mohammad has been granted bail by this Court, it cannot be ascertained at this stage who caused fatal injuries to the deceased Imtiyaz Hasan.
In the circumstances, on the ground of parity, the bail application is allowed.
Let applicant Ghulam Mohammad Shafiq Raza @ Baba s/o Abdul Majeed be released on bail in Case Crime No. 33 of 2005, under Sections 147, 148, 149, 302, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Sultanpur Ghosh, District Fatehpur on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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