Allowed

Kareemullah and Another v. State of U.P.

Allahabad HC22 Jun 2021BAIL/21425/2021

Case brief

AI extract

What is this about?

This bail application was allowed for the applicants Kareemullah and Arshad, who were charged with offences including culpable homicide and criminal intimidation in a land dispute resulting in death. The grant was based on the law laid down in Data Ram while refraining from merits.

What did the court decide?

The applicants Kareemullah and Arshad were released on bail on executing a personal bond and furnishing two sureties each, subject to conditions regarding appearance and non-interference with witnesse

Kareemullah and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21425 of 2021

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Applicant :- Kareemullah And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shahroze Khan, Pulak Ganguly, Safiullah Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicants through video conferencing. Learned A.G.A. is present in the Court.

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This is a bail application on behalf of the applicants Kareemullah and Arshad in connection with Case Crime No.59 of 2021, under Sections 147, 323, 504, 506, 336, 304 I.P.C., Police Station Siddharth Nagar, district Siddharth Nagar.

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The first information report of this incident was lodged by the complainant against eight accused persons. It was alleged in the first information report that when the complainant side was measuring their land, which they had purchased, the named accused persons came there and assaulted the complainant side with bricks, lathidanda and pelted stones, as a result of which one Ishtiyaq and three other persons from the complainant side sustained injuries. Later on Ishtiyaq succumbed to the injuries.

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The submission of learned counsel for the applicants are that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the applicant no.1, Kareemullah has also received injuries inflicted by the complainant side, copy of the injury report is at page no.92 of the affidavit, filed in support of the bail application. He submitted that the accused side had also lodged the first information report against the complainant side, copy whereof is annexed at page no.78 of the affidavit, filed in support of the bail application. He further submitted that the deceased had received two injuries on his head but it was not specified by the injured persons that who was the author of the fatal injury to the injured. He submitted that the applicant is languishing in jail since 14.03.2021, hence they are entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicants Kareemullah and Arshad involved in the aforesaid crime be released on bail on executing a 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 applicants shall not tamper with the prosecution evidence.

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ii) The applicants shall not threaten or harass the prosecution witnesses;

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iii) The applicants shall appear on the date fixed by the trial court; iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission;

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v) The applicants 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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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.

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Order Date :- 22.6.2021

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R./

Kareemullah and Another v. State of U.P.

Case brief

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Kareemullah and Another v. State of U.P.

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