Shabi-Ul-Hasan vs State of U.P.

Ravindra Singh, J.—Heard Sri Jafar Abbas learned counsel for the applicant, learned A.G.A. and Sri Mohit Singh learned counsel for the complainant.

It is contended by the learned counsel for the applicant that according to prosecution version the applicant and three other co-accused persons caused injuries on the person of the injured. The allegations against the applicant is that he fired by gun. Consequently one Seema received injuries. Other co-accused persons caused injuries by using lathi and knife blows There is cross version of the alleged occurrence. From the side of the prosecution injured Babu, Raja Abbas, Hussain , Chand Miyan and Km. Seema received injuries and from the side of the applicant Rijwan Haider, Mohd. Miyan and Shaukat Abbas received injuries. The medical examination report of Rijwan Haider shows that he received five injuries in which injury No. 1 and 2 were on head. Injured Mohd. Miyan received four injuries in which injury No. 1 was incised wound on the back of the head. The medical examination report of Shaukat Abbas shows that he had received four injuries in which injury No. 1 was on the interior part of nose. And there was a fracture of nose bone. The injuries of applicant''s side have not been explained. The prosecution had not come with clean hands.

It is opposed by learned A.G.A. and learned counsel for the complainant by slating that in the F.I.R. registered by the applicant''s side the final report has been submitted. It is contended by the learned counsel for the applicant that the final report was rejected by the learned Magistrate.

In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant, learned A.G.A. and learned counsel for the complainant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

Let the applicant Shabi-Ul-Hasan involved in case crime No. 196 of 2005, under Sections 452, 504, 323, 324, 325, 326 and 307 I.P.C., P.S. Mainather, district Moradabad be released on bail on his furnishing a persona bond and two sureties each in the like amount to the satisfaction of the court concerned.