Arbaz v. State of U.P.
Case brief
What is this about?
The Single Judge allowed bail to the applicant accused of murder, finding it a fit case for release due to lack of eyewitnesses and uncertainty regarding homicidal versus suicidal death, requiring personal bond and sureties.
What did the court decide?
Relief granted release of applicant Arbaz on bail on furnishing personal bond and two sureties.
What the court decided
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44332 of 2018
Applicant :- Arbaz Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Arbaz who is involved in Case Crime No. 0596 of 2018, under Section 302 I.P.C., Police Station- Khoda, District- Ghaziabad.
As per prosecution version, on 12.08.2018 at about 12:30 P.M. scuffle has taken place between deceased Sunny, his younger brother Sagar from one side and accused Arbaz, Lucky and Balkush from other side for the wrist watch of deceased Sunny. Accused have taken away the wrist watch of deceased Sunny. Informant, father of deceased and his wife were not at their residence at that time. On information, they reached their residence and saw that Sunny was tied with rope on a door.
Learned counsel for the applicant contended that there is no eye witnesses of alleged occurrence. Statement of Sagar was recorded under Section 161 Cr.P.C., in which he admitted the fact that he was not present at his residence at the time of occurrence. This is a case of suicidal death. Applicant has been falsely implicated in this case only for the purpose of harassment.
Issues for consideration
1 issue framed by the court
Whether the arrested accused is eligible for bail in an offence punishable under Section 302 IPC.
Parties & counsel
- applicant
Arbaz
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/44332/2018
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