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SAHWAZ KHAN versus STATE OF U.P.

High Court of Judicature at Allahabad

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Sahwaz Khan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10187 of 2006 [2006] RD-AH 19737 (21 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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

This is an application for bail moved on behalf of the applicant Sahwaz Khan indicted in case crime No. 44 of 2006  under sections 364-A, 368 I.P.C. P.S. Rasoolpur  District Firozabad.

Heard Shri S.K. Yadav , learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that the applicant is not named in the First Information Report. The learned counsel argued that the complainant has named applicant and co-accused in his statement under section 161 Cr.P.c. The learned counsel urged that the applicant is a boy of tender age and there is no criminal history. The learned counsel contended that the applicant has been falsely implicated due to party faction  of the locality.

The learned A.G.A. submitted that the victim was taken away by the applicant and co-accused and recovery was made from the custody of the co-accused in pursuance of the disclosure statement of the applicant.

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

The abductees have returned home. No ransom was paid. The recovery was made from the custody of the co-accused. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Sahwaz Khan   indicted in case crime No. 44 of 2006  under sections 364-A, 368 I.P.C. P.S. Rasoolpur  District Firozabad , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned and subject to an undertaking that he will attend the trial on every date and will not tamper with prosecution evidence.

Aks/10187/06

21.11.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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