In a bail application for murder, the Court granted release on bail, noting doubts about the recovery of the weapon and reliance on a co-accused, while explicitly clarifying no opinion was expressed on the merits.
The applicant be released on bail on executing a personal bond and furnishing two sureties under specified conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24529 of 2020
Applicant :- Noor Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been entertained without an affidavit on account of the extraordinary contingency created by the Covid-19 pandemic where the travel is restricted. This Court notices a fact that there is a declaration by the applicant that he will file an affidavit. This order is being passed, therefore, subject to a certain condition in this regard.
This is an application for bail on behalf of the applicant, Noor Ali in connection with Case Crime No. 247 of 2019, under Sections 302, 307, 457, 380 IPC, Police Station Bhogipura, District Bareilly.
Heard Sri Sanjay Singh, learned Counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicant is that the FIR speaks of four unknown offenders who had committed trespass by night at the informant's home with an intention to commit theft. The informant and his son woke up and chased the miscreants, who had taken to their heels. During chase, the miscreants numbering four opened fire, resulting in death of the informant's son. It is submitted that some five months later, co-accused Wazid was arrested in connection with Case Crime No. 575 of 2019 under Sections 398 and 401 IPC, where a country-
made pistol was recovered from his person. It is submitted that during investigation of the aforesaid crime, coaccused Wazid confessed to the present crime and said that the weapon recovered from him in the Case Crime No. 575 of 2019 was used in the present crime. It is argued that coaccused Wazid revealed the applicant's name as one of the four offenders and it is on that basis, his name has surfaced and he has been arrested in the present crime. It is submitted that the applicant's name has been connected to the crime on the basis of the statement of co-accused Wazid made to the police, and, thereafter, recovery of a country made pistol has been shown at the pointing out of the applicant from a bush by the side of a chakroad . It is argued that the recovery is fake and planted as no public witness of the recovery has been associated. It is also submitted that the recovery is from a place frequented by the public. It is argued that co-accused Wazid has been admitted to bail by this Court vide order dated 05.08.2020 passed in Criminal Misc. Bail Application No. 14680 of 2020, entitling the applicant to bail on the foot of parity. It is also pointed out that the applicant has no criminal history and is in jail since 28.11.2019.
Learned A.G.A. has opposed the bail plea.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant's name has surfaced during investigation in the statement of the co-accused Wazid made to the police, the fact that prima facie the recovery appears to be doubtful, the fact that co-accused
Wazid, whose case is at par, 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.
The bail application, accordingly, stands allowed .
Let the applicant, Noor Ali in connection with Case Crime No. 247 of 2019, under Sections 302, 307, 457, 380 IPC, Police Station Bhogipura, District Bareilly 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:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
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 evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/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.
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.
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.
It is made clear that in case, an affidavit in support of this application duly sworn is not filed, as declared, within 15 days of resumption of swearing of affidavits, the bail granted to the applicant shall be cancelled.
Order Date :- 16.9.2020
Deepak
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case where the incriminating evidence is derived from the statement of a co-accused who was already admitted to bail.
Whether the recovery of a weapon from a public place without public witnesses can justify denial of bail.
Noor Ali
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
