Rizwan v. State of U.P.

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5361 of 2020 Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

Heard Sri Santosh Kumar Mishra, learned counsel for the applicant, and the learned A.G.A.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Rizwan, seeking enlargement on bail during trial in connection with Case Crime No. 481 of 2019, under Section 302 I.P.C. in S.T. No. 1041 of 2019 registered at P.S. Kotwali City, District Muzaffar Nagar.

Learned counsel for the applicant argued that the F.I.R was lodged against unknown persons regarding the death of Smt. Sunita. Subsequently, there appears to be a CCTV footage of some camera installed near the house of the deceased in which the applicant has been seen running out from the house where the murder took place at about 02:16 p.m. He argues that the incident is of 02:30 p.m. as per the F.I.R and the coming out of the applicant from the house of the deceased shows that he was not instrumental in committing the murder. He further argued that the first informant and his son were habitual of drinking which was also noted down by the Investigating Officer in his Parcha dated 26.05.2019 / Annexure-6 to the affidavit wherein he tried to record their statement but could not do so as they were heavily drunk. He claims false implication and states that there is no recovery of any incriminating material from the possession or pointing out of the applicant. The applicant is in jail since 28.05.2019.

Per contra learned A.G.A and learned counsel for the first informant argued that the identification of the applicant from the CCTV footage does not leave any doubt of his coming out from the house of the deceased around the same time of the occurrence as mentioned in the F.I.R. The applicant as was seen in the CCTV footage coming out running from the house which also goes to show his conduct. The CCTV footage is an impartial piece of evidence against the applicant.