This bail application was allowed where the single-judge court found it a fit case for enlarging the applicant on bail despite a charge of attempted murder. The applicant was granted release on a personal bond with two sureties.
Application allowed; applicant released on bail upon furnishing a personal bond and two heavy sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22446 of 2018
Applicant :- Pappu Qureshi @ Nawab Alam Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.,Arvind Tripathi,Yadvesh
Hon'ble Umesh Chandra Tripathi,J.
Rejoinder affidavits have been filed by Sri Pankaj Bharti, learned counsel appearing on behalf of the applicant and supplementary counter affidavit has been filed Sri Arvind Tripathi, learned counsel for the complainant, the same are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State of U.P. and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 963 of 2017, under Section 307 of the Indian Penal Code, Police Station - Kotwali Nagar, District - Muzaffar Nagar.
As per prosecution version, on 19.05.2017 at about 15.00 hours (03.00 P.M.), Smt. Babita, wife of complainant Lokesh Kumar was going to her friend's residence. As soon as she reached Nadi Road, Gaushala, applicant - Pappu Qureshi @ Nawab Alam along with other co-accused came on the spot and on the incitement of applicant, co-accused Kamil Pradhan fired on her, but she escaped from being hurt. Thereafter, the applicant fired on her, due to which, she sustained firearm injury on the back of her shoulder. Due to hue and cry, Radha, Savita, Rajdeep and other persons reached on the spot, whereafter the accused made their escape good. Before this occurrence, the applicant had committed several other offences against the complainant.
Learned counsel for the applicants contended that first information report was lodged after two days of the occurrence without any plausible explanation, due to enmity. As per version of the prosecution, the injured (wife of complainant) was hospitalized only for five days of the occurrence and she was discharged from the hospital on 24.05.2017. He next contended that the injury of the victim is fabricated. The applicant has been falsely implicated in the present case. It is mentioned in the report of doctor that metallic bullet-like
substance and not exactly bullet was recovered from the back of neck of the injured. No offence, whatsoever, is made out against him. The applicant has a criminal history of four cases, all of them being lodged only by the complainant. Except as above, applicant has no criminal antecedents and is languishing in jail since 07.05.2018. The police has submitted charge-sheet.
Learned counsel for the complainant and learned A.G.A. for the State opposed the prayer for bail and the submissions thereof advanced by learned counsel for the applicant and contended that metallic bullet was recovered from the back of neck of the injured.
Perusal of injury report shows that there was one lacerated wound on the back of the shoulder of the injured.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application is allowed .
Let the applicant - Pappu Qureshi @ Nawab Alam be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 19.7.2018 I. Batabyal
2 issues framed by the court
Whether the applicant is entitled to be released on bail under Section 307 IPC considering the injury report and prosecution version.
Whether the allegations of fabricated injury and false implication warrant granting bail.
1 provisions across 1 enactments
Pappu Qureshi @ Nawab Alam
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
