Allowed

Mohammad Aamil v. State of U.P.

Allahabad HC8 Sept 2020BAIL/24402/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant accused of murder and kidnapping. The court found it a fit case for bail, noting the reliance on circumstantial evidence, lack of eyewitness account, the co-accused's bail, and the applicant's clean record, without expressing any opinion on the merits.

What did the court decide?

The applicant is released on bail upon executing a personal bond and furnishing two sureties under specific conditions regarding attendance and non-tampering with evidence.

Mohammad Aamil Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24402 of 2020

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Applicant :- Mohammad Aamil Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This is an application for bail on behalf of the applicant, Mohammad Aamil, in connection with Case Crime No. 97 of 2020, under Sections 364, 302, 201, 34 I.P.C., Police Station - Kotwali Nagar, District - Muzaffar Nagar.

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Heard Sri Dharmendra Pratap Singh, learned Counsel for the applicant and the learned A.G.A. appearing for the State.

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The submission of learned counsel for the applicant is that the case is one based on circumstantial evidence. There is no eyewitness account. A perusal of the First Information Report shows that it has been lodged two days after the dead body was found, nominating the applicant on the basis of suspicion. It is urged that the applicant's implication is based on conjecture, without any evidence to connect him to the crime. It is next argued that co-accused Abdul Wahab, against whom there is evidence of recovery, has been admitted to bail by this Court vide order dated 09.07.2020 passed in Criminal Misc. Bail Application No. 17578 of 2020, entitling the applicant to bail as he stands on a better footing than Abdul Wahab. The applicant has no criminal history and is in jail since 04.03.2020.

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Learned A.G.A. has opposed the bail plea.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of

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punishment, the evidence appearing in the case, in particular, the fact that the case rests on circumstantial evidence, the fact that the evidence against the applicant is of last seen alone, the fact that co-accused Abdul Wahab, against whom there is evidence of recovery of PAN Card of the deceased, has been admitted to bail, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed .

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Let the applicant - Mohammad Aamil, involved in Case Crime No. 97 of 2020, under Sections 364, 302, 201, 34 I.P.C., Police Station - Kotwali Nagar, District - Muzaffar Nagar, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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(i) The applicant shall not tamper with the prosecution evidence.

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(ii) The applicant shall not threaten or harass the prosecution witnesses.

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(iii) The applicant shall appear on the date fixed by the Trial Court.

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(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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(v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the

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evidence.

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(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vii) The computer generated copy of such order shall be selfattested by the counsel of the party concerned.

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(viii) The Court concerned/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.

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Order Date :- 8.9.2020 I. Batabyal

Mohammad Aamil v. State of U.P.

Case brief

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Mohammad Aamil v. State of U.P.

Case brief

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