Allowed

Akhlaq Ahmed v. State of U.P.

Allahabad HC1 May 2019BAIL/35720/2017

Case brief

AI extract

What is this about?

In this bail application under Cr.M.C. No. 35720 of 2017, the Court allowed bail to the applicant, Akhlaq Ahmed, charged in a murder case, despite no opinion on merits, considering the lack of independent witnesses and the applicant's cooperation.

What did the court decide?

Applicant released on bail subject to bond with two sureties and conditions including appearance before trial court and non-interference with witnesses.

Akhlaq Ahmed Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35720 of 2017

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Applicant :- Akhlaq Ahmed Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Kumar Singh Counsel for Opposite Party :- G.A.,Avanish Kumar

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Hon'ble Aniruddha Singh,J.

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None is present on behalf of complainant even in the revised list/call. Case is fixed today for hearing as peremptorily.

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Heard learned counsel for the applicant, Sri P.K. Srivastava, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against three accused persons, namely Chhotu, Akhlakh Ahmad and Sayek alleging that on 7.5.2017 they killed Naushad Ahmad aged about 70 years due to previous enmity. According to postmortem report, one head injury was found on the body of deceased.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no possibility to get this case decided in short period in future. Complainant and his family assaulted applicant and his mother, father in the year 2003. They were convicted by trial court and bail was also rejected by this Court due to which he has been falsely implicated. Deceased fallen down receiving head injury and died. There is general allegation against the applicant. It is not clear from the prosecution case, who is the author of head injury due to which he died. There is no independent witness and no legal evidence. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 13.5.2017 (near about two years) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Akhlaq Ahmed involved in Case Crime No. 261 of 2017, under Sections 302, 506 IPC, Police Station Saini, District Kaushambi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 1.5.2019 A. Singh

Akhlaq Ahmed v. State of U.P.

Case brief

What is this about?

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Akhlaq Ahmed v. State of U.P.

Case brief

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