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2007 DIGILAW 515 (UTT)

July wife of Liyakat v. State of Uttarakhand

2007-10-09

DHARAM VEER

body2007
JUDGMENT Dharam Veer, J. 1. Heard Sri Pawan Kumar, learned counsel for the applicants and Sri Prabhakar Joshi, learned brief holder for the State. 2. In brief the prosecution case is that in the night of 16/17.09.2006 complainant Ahmad along with his father Shareef and his brother Sageer was sleeping in cot and electric light was there. At about 2.45 hours in the night Afzal, Murtaza and Mustafa came at the place of occurrence and on the exhortation of Afzal and Murtaza Mustafa fired on Sageer and Sageer died. With the same averments, Ahmad has lodged F.I.R. on 17.09.2006 at 4.50 AM at Police Station Kotwali Laksar, District Haridwar. 3. Learned counsel for the applicants has submitted that the applicants are not named in the F.I.R. and even in the investigation, no evidence has been collected against the applicants by the Investigating Officer. He has further submitted that in the F.I.R. it has specifically been mentioned that Mustafa fired at the deceased Sageer and Mustafa was exhorted by Afzal and Murtaza. He has Further submitted that complainant Ahmad and the present applicants were known to each other before the date of incident but the applicants were not named in. the F.I.R. as the complainant has stated in the F.I.R. that he has seen the person who has caused the injury to the deceased and the persons who have exhorted to do so in the electric light. He has further submitted that co-accused Irfan has been released on bail by the order of this Court dated 08.10.2007 and on the basis of parity, present applicants are also entitled for bail. 4. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the present applicants deserve bail at this stage. 5. Let applicant Smt. July and Liyakat be released on bail on each of them executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the C J.M. Haridwar. 6. The bail application is disposed of accordingly.