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Mohd. Imran v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19685 of 2005 [2005] RD-AH 5540 (10 November 2005)


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Hon'ble M. K. Mittal, J.

Heard learned counsel for the accused applicant, learned A.G.A. and perused the record.

Accused applicant Mohd. Imran son of Sri Gulam Mohammad has prayed for release on bail in Case Crime No. 101 of 2005 (S. T. No. 654 of 2005) under Section 304 IPC, P.S. Anwarganj, Dstrict Kanpur Nagar.

Prosecution case is that the accused applicant hit on the head of the deceased Sheru in the night of 17.6.2005, when he was sleeping on bench in front of the shop of Wahid Nata. F.I.R. was lodged by Ezaz brother of the deceased same night at 0.20 a.m.. In this report, it has been mentioned that a boy of his Mohalla informed him that his brother was lying in injured condition under the bench near the shop of Nata. After two days statement of the witnesses were recorded by the Investigating Officer and there it was disclosed by them that the  incident was caused by accused applicant Mohd.  Imran.

Learned counsel for the accused applicant has contended that the witnesses did not  disclose the name of the assailants to the complainant and the complainant also did not mention in the F.I.R. the name of the boy, who had informed him about the incident. He has further contended that the accused has been wrongly implicated in this case but in the circumstances of the case, but without prejudice to the merits of the case, accused is entitled to bail.

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 applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activity and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. If any such report is made by any of the above person 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 his bail may be cancelled.

Dated: 10.11.2005



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