Allahabad High Court
Mohd. Rafeeq And Another vs State Of U.P. on 11 August, 2010
Author: B.N. Shukla
Bench: B.N. Shukla
Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21239 of 2010 Petitioner :- Mohd. Rafeeq And Another Respondent :- State Of U.P. Petitioner Counsel :- I.M. Khan Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants has contended that the FIR has been lodged after 2 months and it is mentioned in the FIR that the information has been given by Mohd. Anzar that Nafees was cleaning his fire arm and the deceased was standing nearby and due to sudden fire from the fire arm the shot hit the deceased and he died. It is further contended that Nafees is the non applicant and there is no allegation against the applicants. The applicants are in jail since 23.5.2010.
Learned A.G.A. has contended that the occurrence had taken place in the house of the applicants and there is allegation against Nafees.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicants are entitled to be released on bail.
Let the applicants Mohd. Rafeeq and Ateequr Rahman alias Chand Khan involved in crime no. 400 of 2010, under section 304, 201 IPC and 3/25 Arms Act, P.S. Kerakat, District Jaunpur be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 11.8.2010 Masarrat