FARIYAD ALI versus STATE OF U.P

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Fariyad Ali v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 19154 of 2006 [2006] RD-AH 15934 (13 September 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Fariyad Ali   indicted in case crime No. 643-A  of 2004 under sections 406, 352, 504, 506  I.P.C. P.S. Badaut  District Baghpat.

Heard Shri Ram Raj Pandey, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that applicant was abducted on 10.9.2004 at 9.30 A.M. by  Bilal Hussain, Dilshad and Jamil and First Information Report was lodged the same day at 7 P.M. which was registered as case no. 643 of 2004 under sections 394 and 364 I.P.C.. The learned counsel contended that applicant was recovered by the police from the custody of  Dilshad and Jamil. The learned counsel submitted that the First Information Report of the present case was lodged to save their skin from case no. 634 of 2004. The learned counsel contended that there is no documentary proof of giving a sum of Rs. 8.5 lac to the applicant.

The learned A.G.A. argued that applicant has misappropriated a sum of Rs. 8.5 lac.

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

The First Information Report of case crime no. 643 of 2004 under sections 394 and 364 I.P.C. was registered prior to the First Information Report of the present case. The applicant is said to have been abducted by accused Dilshad and Jamil and his recovery was made from their custody. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Fariyad Ali   indicted in case crime No. 643-A  of 2004 under sections 406, 352, 504, 506  I.P.C. P.S. Badaut  District Baghpat , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/19154/06

13.9.2006

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