IMRAN versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Imran v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19126 of 2006 [2006] RD-AH 15852 (12 September 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ravindra Singh , J.

Heard learned Counsel for the applicant and  learned A.G.A.

It is submitted by learned counsel for the applicant that according to the F.I.R. co-accused Salim and Ayub discharged the shots by country made pistol which hit the temporal part of the head, consequently, the deceased died. It is further alleged that miscreants has also discharged the shots, but according to the post mortem examination report the deceased has received 4 injuries, in which injuries no. 1 and 4 were entry wounds, injury no. 2 was exit wounds and injury no. 3 was lacerated wound. On the basis of the post mortem examination report the manner of the occurrence has been changed by the witnesses during the investigation by alleging that the injuries were caused by 5 persons including the applicant. The case of the applicant is distinguishable with the case of co-accused Salim and Ayub.

After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without  expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Imran involved in Case Crime No. 226 of 2005, under Sections 147, 148, 149, 302, 504 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Brahmpuri , District Meerut be released on bail on their furnishing a personal bond and two  sureties each of the like amount to the satisfaction of the Court concerned .

Dt: 12.09.2006

Rcv/19126-06

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