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Bhola @ Shahzad v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 25984 of 2006  RD-AH 20096 (28 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 the evidence of extra judicial confession and recovery of knife has been made at the pointing out of the applicant. The recovery is not supported by any independent witness and the applicant has not confessed before any person. The naming of the applicant is after thought. There is no direct eye witness account.
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 Bhola alias Shahzad involved in Case Crime No. 933 of 2006, under Section 302 I.P.C. and Sections 3(2)(5) S.C./S.T. (P.A.) Act, Police Station Khatauli , District Muzaffarnagar 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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