High Court of Judicature at Allahabad
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Hamid And Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 1097 of 2006  RD-AH 1534 (20 January 2006)
Hon'ble M. K. Mittal, J.
Accused applicants Hamid S/o Hetam Khan, Iqbal S/o Bachhu Khan and Jan Mohammad S/o Bachhu Khan have prayed for release on bail in case Crime No. 276 of 205 under Sections 395/412 IPC, P.S. Kotwali, District Auraiya.
Heard learned counsel for the parties and perused the record.
Prosecution case is that complainant who is driver in truck no. UP 25 6317 was going with his cleaner on 23.10.2005 from Bareilly to Hathras and at Firozabad five persons came and boarded the truck. After some time they moved the driver from the driving seat and also gave some poisonous substance to them and as a result of which both of them became unconscious and those five persons threw the Driver and his cleaner from the truck. Report was lodged on 26.10.2005 at 7.15 p.m. at P.S. Kotwali, District Auraiya. Accused were arrested by the Police of Armapur, District Kanpur Nagar on 26.10.2005 at 2.30 p.m. And the F.I.R. was lodged same day at 14.30 p.m. Fard recovery shows that police had come to know by some one that five persons are coming with a looted truck. Statement of the complainant or his cleaner as is recorded under Section 161Cr.P.C. Shows that they came to Auraiya to lodge the report.
In the circumstances of the case, but without prejudice to the merits of the case, accused are entitled to bail.
Let the applicants named above involved in above noted case Crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. He shall give an undertaking that they will not indulge in any criminal activity and shall neither temper with the prosecution witnesses nor threat the complainant/witnesses and further shall also furnish an undertaking that they shall not claim any benefit in case they are put for test identification.
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