High Court of Judicature at Allahabad
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Mashtoor Khan And Others. v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 4387 of 2007  RD-AH 3545 (1 March 2007)
Hon'ble M.K. Mittal, J.
Accused applicants Mastoor Khan S/o Murtaj Khan, Javid Khan S/o Makhtoor Khan @ Mastoor Khan and Farukh Khan S/o Rahooph Kan have prayed for release on bail in Case Crime No. 47 of 2006, under Section 364 IPC, P.S. Ayana, District Auraiya and applicant Gambhir Singh, son of Sri Shyam Singh has filed Criminal Misc. Bail Application No. 4516 of 2007 for release on bail in above noted case crime and section.
Since these two applications arise out the same incident, they are being disposed of by one order.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the accused applicants has contended that informant has lodged a report about missing of his son Gurfran Khan on 22.8.2006 alleging that his son had gone to the field in the night of 11.6.2006 and when he went at about 3 a.m., his son was not present there. He searched him but could not find him. Thereafter on 30.8.2006 a report was filed wherein six persons have been named alleging that when he was present in the field, these persons came and beat him and took his son away and due to fear he had hidden himself.
Learned counsel for the accused has further contended that applicants have been falsely implicated on account of enmity.
In the circumstances of the present case, but without prejudice to the merit of the case, let the accused involved in above case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The applicants shall furnish an undertaking before the court concerned that they will not indulge in any criminal or antisocial activity and will not cause either any direct or indirect threat or any physical violence to the complainant and the witnesses and his family members and shall also not tamper with the evidence, If any such report is made by any of the above persons either to the court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that their bail may be cancelled.
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