In a bail application under CrPC regarding murder charges, the single judge rejected submissions opposing bail, found it to be a fit case for bail without deciding merits, and ordered the applicant's release subject to sureties and standard conduct conditions.
Release of applicant Ahmad Ali on bail by furnishing a personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5472 of 2019
Applicant :- Ahmad Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Certified copy of the FIR filed today by learned counsel for the applicant through Supplementary Affidavit is taken on record.
Shri Sudhakar Yadav, Advocate has filed Vakalatnama on behalf of first informant, same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Sudhakar Yadav, learned counsel for the first informant and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated in FIR dated 20.3.2018 for murder of Dilshad, brother of first informant; that as per averments made in FIR in the night of 19/20.3.2018 Dilshad was sleeping in his room along with his wife, Kushmina and son Sahil and at about 1.30 a.m. some noise occurred in his room upon which first informant along with his brother, Fariyad went to his room and in electric light seen applicant fleeing away from his room while Dilshad was lying dead on his bed with injuries on his neck and mouth and Bhabhi, Kushmina, co-accused was standing by the side of his bed and started weeping; that it is also alleged in FIR that on account of illicit relationship between Smt. Kushmina and Ahmad Ali, they eliminated Dilshad; that entire prosecution story is false, concocted and incorrect; that in the midnight at 1.30 a.m. there is no question of electric light inside the room as undisputedly deceased was sleeping at that time; that it is also wrong to say that applicant was seen going out from the room of deceased; that it is wrong to say that applicant was having any illicit relationship with co-accused, Smt. Kushmina; that statement of Smt. Kushmina about applicant's participation in the crime is absolutely false and is not binding on applicant; that recovery of scarf on the pointing of applicant from open place during police custody remand has been falsely planted of which there is no independent witness; that applicant has no criminal history; that the statement of Sahil, son of deceased is tutored one and is not binding on the applicant; that applicant had no motive to cause death of Dilshad; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 23.3.2018.
Learned A.G.A. and learned counsel for the first informant vehemently
opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ahmad Ali be released on bail in Session Trial No.207/2018, Case Crime No. 37 of 2018, under Sections 302, I.P.C., P.S. Naugawan Sadat, District Amroha (J.P. Nagar), on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 11.2.2019 T. Sinha
2 issues framed by the court
Whether to grant bail to the applicant accused of murder under Section 302 IPC.
What conditions should be imposed on the release of the applicant on bail.
Ahmad Ali
State Of U.P.
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
