Criminal Miscellaneous Bail Application rejected. The court held that given the deceased's body was found inside the applicant's house, the case did not constitute a fit circumstance for granting bail under Section 439 Cr.P.C. in a prosecution for murder.
Bail granted to the applicant in Case Crime No. 1049 of 2017 was refused.
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Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7675 of 2018
Applicant :- Shabaz @ Shaban Opposite Party :- State Of U.P. Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 1049 of 2017 under Sections 147, 302, 201 I.P.C., Police Station Kotwali City Bijnor, District Bijnor, during the pendency of trial.
As per FIR, the prosecution's case is that Md. Afzaal-first informant has got an FIR lodged at P.S. Kotwali City Bijnor that his Bhatiji Khatiza had consumed some poisonous substance, as a result of which, her condition deteriorated and when she was being taken for treatment, she expired. Her dead body was kept in his house.
Learned counsel for the applicant contends that in this case, the panchnama of the deceased was conducted on 5.11.2017 and, thereafter, post-mortem was also conducted the same day. Thereafter, first information report has been lodged against the present accused-applicant along with two others. It is further contended that dead body of the deceased was not kept in his house, regarding which he had made an application before the S.S.P. to clarify about everything. The police had falsely implicated him just to shield the real culprits. There was no reason for him to give information that she had consumed some poisonous substance because on the dead body of the deceased as many as ten injuries had been found in post-mortem report. Accused-applicant is absolutely innocent. Applicant has no previous criminal history. The applicant is languishing in jail since 8.11.2017. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail and has pointed out that the first informant gave statement before police that on 5.11.2017, he had been informed by his brother Md. Haneef that Khatiza had consumed some poisonous thing and because of his giving some information, he had given a written report at the police station, but he had no information, as to how, Khatiza had died. But, subsequently he came to know that the family members of the Khatiza themselves had murdered her by
strangulating her. It is also argued that the dead body of the deceased was found inside the house of the present-accused, hence, bail should be refused.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
In view of above arguments, looking to the fact that the dead body of the deceased was found inside the house of the present accused-applicant, this is not found to be a fit case for grant of bail. Bail is, accordingly, rejected.
Order Date :- 22.3.2018 A.P. Pandey
1 issue framed by the court
Whether the applicant is eligible for bail in a murder case where the deceased's body was found inside his house.
1 provisions across 1 enactments
Shabaz @ Shaban
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
