Allahabad High Court High Court

Safi Ahmad @ Mohd. Safi Ahmad vs State Of U.P. on 30 July, 2010

Allahabad High Court
Safi Ahmad @ Mohd. Safi Ahmad vs State Of U.P. on 30 July, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19911 of 2010

Petitioner :- Safi Ahmad @ Mohd. Safi Ahmad
Respondent :- State Of U.P.
Petitioner Counsel :- T.I. Khan
Respondent Counsel :- Govt.Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.

It is contended by the learned counsel for the applicant that
except the allegation against the applicant that he had taken
away the deceased on his motorcycle, there was no other
evidence against him. The allegation of committing the
murder of the deceased is against co-accused Qasib.

Learned A.G.A. contended that motorcycle was recovered
from the possession of the applicant in which deceased was
taken away and thereafter murdered.

The applicant is not named in the F.I.R. and his name
appeared in the statement of the witnesses. The main
allegation of committing the murder is against the co-
accused Qasib. Case of the applicant is distinguishable from
the co-accused Qasib.

Considering the facts and circumstances of the case and
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 Safi Ahmad alias Mohd. Safi Ahmad
involved in Case Crime No. 416 of 2009, under Sections
302, 364, 392 IPC Police Station Kareilly District Allahabad
be released on bail on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the
court concerned.

Order Date :- 30.7.2010
Atul kr. sri.