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Shan Ilahi @ Javed Khan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 25782 of 2006  RD-AH 20004 (24 November 2006)
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 the applicant is not named in the F.I.R., but during investigation one witness Sanjay Jaiswal stated that he has seen the applicant going on roof where the dead body of the deceased was found and it is said that at the pointing out of the applicant one brick used in the commission of the crime has been recovered. The recovery was not supported by any independent witness. There is no other evidence against the applicant.
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 Shan Ilahi alias Javed Khan involved in Case Crime No. 604 of 2005, under Section 302 I.P.C., Police Station RAjghat , District Gorakhpur 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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