The court rejected a bail application under Section 439 Cr.P.C. for an applicant charged with murder under Section 302 IPC. Granting bail was deemed inappropriate due to direct eyewitness evidence and corroborative post-mortem reports despite the applicant's disability.
Bail application rejected; accused not released.
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Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9073 of 2018
Applicant :- Jahid @ Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 560 of 2017 under Section 302 I.P.C., P.S. Civil Lines, District Badaun.
As per F.I.R., the prosecution case is that on 18.06.2017 at about 3.00 p.m., the 'phuphera' brother of the first informant, Arif, younger brother Tariq and one person of village, Mukhtyar Beg along with Abrar Beg and Sohrat Beg were talking among one another on 'chaupal' of the village and at that point of time, Jahid, present accused, reached there and stated why his field was not irrigated by water and when these persons told him not to abuse, he went from there and returned with 315 bore fire arm weapon and with an intention to kill, fired upon the father of the first informant which hit in his stomach as a result of which, he died.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; the accused is 80% disabled and could not commit this offence; the accused applicant is in jail since 19.06.2017; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail and states that there are two eye witnesses of this case in respect of the present accused having fired upon the deceased which resulted in his death.
In view of the above arguments and looking to the fact that there is direct piece of evidence against the present accused having fired upon the deceased and the post-mortem report also corroborates the said version, hence, this is not a fit case for grant of bail.
The bail is, accordingly, rejected.
Order Date :- 13.3.2018/A. Mandhani
2 issues framed by the court
Whether bail should be granted to the applicant charged with murder in a case involving direct eyewitness testimony.
Whether the applicant's disability and lack of criminal history justify bail despite direct evidence against him.
2 provisions across 2 enactments
Jahid @ Pappu
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
