Imran v. State of U.P.
Case brief
What is this about?
In a criminal bail application, the High Court, without expressing an opinion on merits, granted bail to the applicant charged with murder and fabricating evidence, noting that key prosecution witnesses had turned hostile.
What did the court decide?
The applicant was released on bail on furnishing a personal bond and two reliable sureties of the like amount.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30682 of 2019
Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Shishodia,Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicantImran in Case Crime No.458 of 2018, under Sections 302 and 201 I.P.C., Police Station Rampur Mahiharan, DistrictSaharanpur with the prayer to enlarge him on bail.
The contention of the leaned counsel appearing for the applicant is to the effect that the applicant has been named in the FIR and the FIR itself has been lodged after much delay and much planning; that the alleged incident is of 21.08.2018 and the FIR has been lodged on 25.08.2018. The further contention of the counsel for the applicant is that it was the village Chaukidar who had informed the Imran that the body of the brother of the Imran is hanging from a tree, however, the said Chaukidar namely Sewaram has been examined as P.W.-1 and he has not supported the prosecution and has been declared as hostile in S.T. No. 820 of 2018, copy of statement has been annexed as annexure no. S.A.-1 to the supplementary affidavit dated 09.04.2019. It has also been informed that even the wife of the deceased namely Smt. Shabnam has been examined as P.W.-2 in S.T. No. 820 of 2018 and she too has been declared as hostile, copy of her statement has been annexed as annexure no. S.A.-2 to the supplementary affidavit dated 09.04.2019. There is no early prospect of conclusion of trial.Lastly, it is contended that both the star witnesses PW 1 and PW 2 have not supported the prosecution case and on this ground similarly placed coaccused, Nawab has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.48724 of 2018 vide order dated 3.07.2019. So, the applicant, who is in jail since 27.08.2018, also deserves to be released on bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a murder case where prosecution witnesses are declared hostile.
Parties & counsel
- applicant
Imran
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/30682/2019
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