Allowed

Ikbal and 2 Others v. State of U.P.

Allahabad HC16 Dec 2019BAIL/54926/2019

Case brief

AI extract

What is this about?

This is a bail application in a case involving alleged murder and unlawful assembly. The court examined submissions regarding the lack of specific incriminating evidence against the applicants and granted bail on furnishing a personal bond with sureties.

What did the court decide?

Applicants released on bail by furnishing a personal bond and two sureties each on conditions not to tamper with evidence, intimidate witnesses, and appear in trial.

Ikbal and 2 Others Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54926 of 2019

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Applicant :- Ikbal And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Shujauddin

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Hon'ble Bachchoo Lal,J.

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Supplementary affidavit filed on behalf of the applicants is taken on record.

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Heard Sri S.N.Singh, Advocate, assisted by Sri Laxmi Kant Bhatt, learned counsel for the applicants, learned counsel for the complainant, learned AGA and perused the record.

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Learned counsel for the applicants submits that initially an N.C.R. of the alleged incident was lodged by Smt. Shamim, wife of the deceased, under section 323, 504, 506 and 427 I.P.C. against four persons including the applicants making general allegation for committing marpit with her daughters. In N.C.R. it has not been mentioned that Rahisuddin has sustained injuries. In this incident, the husband of the informant Rahisuddin has also sustained injuries. As per medical report no mark of injury has been found on the body of the injured Gulbahar. The deceased Rahisuddin was also medically examined on 12.9.2019 at 8.45 p.m. No injury was found on his person. The deceased died on 25.9.2019. Injury no. 1 is over back of right elbow. Injury no. 2 is abrasion over outer aspect of right leg. Injury no. 3 is abrasion on left foot. The cause of death of the deceased has been shown as a result of brain damage consequent upon blunt object trauma to the head but it is not specified as to who is author of this fatal injury. It has been further submitted that the applicants have not committed the alleged offence and have been falsely implicated in this case. There is general allegation against the applicants. No specific role has been assigned to them. Nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. There is no criminal history of the applicants and they are in jail since 20.10.2019.

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Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicants and other co-accused have committed marpit with the deceased consequently he died. The applicants and other co

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-accused have committed the alleged offence, therefore, applicants are not entitled for bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicants Ikbal, Rahisuddin and Shafeq involved in Case Crime No. 864 of 2019, under Sections 304, 323, 504, 506, 427 IPC Police Station Muradnagar District Ghaziabad be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicants will not tamper with the evidences.

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The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.

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The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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

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Order Date :- 16.12.2019 Gss

Ikbal and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ikbal and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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