Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Moharram Ali, vs State Of U.P. on 29 January, 2010
Court No. - 8

Case :- BAIL No. - 638 of 2010

Petitioner :- Moharram Ali,
Respondent :- State Of U.P.
Petitioner Counsel :- K.S.Rastogi
Respondent Counsel :- G.A.

Hon'ble Ashwani Kumar Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the
F.I.R. and other relevant papers filed in support of the bail application.

The submission of learned counsel for the applicant is that initially the F.I.R.
was lodged under Sections 323, 504, 506 I.P.C. and subsequently during the
course of investigation Section 316 I.P.C. was also added. It is further
submitted that some scuffle took place on a trivial issue between the accused-
applicant and complainant and the complainant’s wife Ashraful Nisha
received injuries. It is alleged that she was beaten by fist and legs. It is also
submitted that from perusal of the F.I.R. and other evidence on record it does
not come out that there was any intention for causing injury which could
result in abortion of complainant’s wife. The applicant is in jail since
1.12.2009.

Considering the overall aspects of the matter and without entering into the
merit of the case, I hereby provide that the applicant, Moharram Ali be
released on bail in Case Crime No.1126/2009, under Sections 316, 323, 504,
506 I.P.C., P.S. Safdarganj, District Barabanki, on his filing a personal bond
and two sureties each in the like amount to the satisfaction of the court
concerned/remand magistrate.

Order Date :- 29.1.2010
Kpy


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