Allahabad High Court High Court

Qurban Fakeer Alias Munna vs State Of U.P. on 11 August, 2010

Allahabad High Court
Qurban Fakeer Alias Munna vs State Of U.P. on 11 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21315 of 2010

Petitioner :- Qurban Fakeer Alias Munna
Respondent :- State Of U.P.
Petitioner Counsel :- Ashwini Kumar Awasthi,Manish Tiwary
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
applicant is not named in the F.I.R. Thereafter police
exonerated the main accused and falsely implicate the
applicant. it is further contended that except the statement of
witness Mehandi Hasan there is nothing against the
applicant and Mehandi Hasan has not made allegation
against the applicant except that he had seen the applicant
coming out from the beauty parlor.

Learned A.G.A. contended that applicant was also involved
in committing the murder of the deceased.

Perused the statements of Smt. Shakila, Smt. Sughra and
Mehandi Hasan. Applicant is not named in the F.I.R.. Case
is based on circumstantial evidence. Applicant has no
criminal history.

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 Qurban Fakeer alias Munna involved in Case
Crime No. 668 of 2009 , under Sections 302, 376, 511 IPC
Police Station Kotwali District Fatehpur 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 :- 11.8.2010
Atul kr. sri.