Firoz v. State of U.P.
Case brief
What is this about?
This Hon'ble Court granted bail to the applicant Firoz in a murder and conspiracy case. Considering the totality of evidence, including uncorroborated recovery and delays, the court released him on personal bond with strict conditions.
What did the court decide?
Released on bail by furnishing personal bond and two sureties with various conditions regarding attendance and evidence tampering.
What the court decided
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3985 of 2020
Applicant :- Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.,Mohd. Aslam
Hon'ble Samit Gopal,J.
Heard Sri Sikandar Khan, learned counsel for the applicant, Sri Mohd. Aslam for the informant, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Firoz seeking enlargement on bail during trial in connection with Case Crime No. 404 of 2019, under Sections 302, 201 and 34 I.P.C., registered at P.S. Gulawati, District Bulandshahr.
As per first information report lodged on 17.8.2019 at about 23:51 hrs in connection with an incident to have taken place at about unknown time on 10.8.2019 by Mohd. Yunus, it is mentioned therein that Shahrukh the younger brother of the first informant, who is the deceased, was an E-Rikshaw driver and suddenly he disappeared on 10.8.2019 along with his E-Rikshaw and inspite of lot of search, his whereabouts could not be known. Subsequently, two days prior to the lodging of the first information report, it was being discussed in the village that Firoz the present applicant, who is also the brother-inlaw of the informant/deceased, Farukh and a friend of Farrukh known by the name of Khanja were seen going with the deceased near the underpass of a railway bridge in Barmadpur. He further states that he fears that the said three person have committed some unexpected act due to which his brother is not traceable. The motive as alleged in the first information report is that the deceased and Firoz had a fight in the house itself after which Firoz went away after extending threats. The fight had taken place as Firoz had left his wife Parveen, who is the sister of the first informant and deceased at their house and did not used to take her with him. The first information report has, thus, been lodged on a suspicion of the applicant with other coaccused persons being involved in the same.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail pending trial in a case involving murder, culpable homicide, and conspiracy where key evidence remains uncorroborated and challenged.
Whether the gravity of accusation justifies denial of bail given the unexplained delay in lodging the FIR and lack of eyewitnesses.
Parties & counsel
- applicant
Firoz
- respondent
State of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/3985/2020
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