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Mumtiaz v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17987 of 2006  RD-AH 14988 (31 August 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant, learned A.G.A.
It is submitted by learned counsel for the applicant that according to prosecution version the injuries were caused by using lathi, danda blows and by in inserting a lathi in the private part of the deceased. It has not been corroborated by the post mortem examination report. According to the post mortem examination report the deceased had received only one injury on the neck and the cause of death was asphyxia due to throttling. The applicant was having no motive to commit the alleged offence, because the applicant is relative of co-accused Kalu and the deceased in injured condition was found at the house of co-accused Kalu from where she was taken to the hospital. The case of the applicant is distinguishable with co-accused Kalu and his son Shaukeen.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Mumtiaz involved in Case Crime No. 1602 of 2006, under Sections 147, 302 and 506 I.P.C. Police Station Kotwali, District Muzaffarnagar be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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