Single judge allowed bail to Mohammad Rahman arrested under Section 304 IPC for the death of his brother, noting he was entitled to bail despite oppose by A.G.A., citing potential to tamper with evidence.
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.
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Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21970 of 2021
Applicant :- Mohammad Rahman Alias Abdul Rahman Opposite Party :- State Of U.P Counsel for Applicant :- Vipul Shukla,Radhey Shyam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicantMohammad Rahman @ Abdul Rahman, who is involved in case crime no. 187 of 2021 under Section 304 I.P.C., Police Station- Kotwali, District- Shahjahanpur.
According to the prosecution case, the informant brought his brother Hansram at District Hospital Shahjahanpur due to stomach pain and on 11.4.2021 at about 6.00 A.M. when he went for taking water then all of sudden the applicant forcibly put down his brother Hansram from bed, his brother fell down from the side of head due to that reason he died.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that post mortem report of the deceased has not supported the prosecution as according to the post mortem report there is no anti mortem injuries on the body of the deceased and the cause of death is septicemic shock due to chronic liver and lung disease; that the deceased Hansram was suffering from serious illness of lever and lungs and he died due to liver and lung disease and as such no offence under Section 304 I.P.C. is made out against the applicant; that there is material contradiction between FIR and in the statement of the informant and alleged witnesses recorded under Section 161 Cr.P.C. It is lastly contended that the accused applicant is languishing in jail since 11.04.2021 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 17.6.2021 Fhd.
Digitally signed by Justice Umesh Kumar Date: 2021.06.18 11:52:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the accused-applicant be granted bail in a case under Section 304 IPC regarding the death of the deceased.
Whether the arbitrary prosecution evidence justifies detaining the accused given the oral contradictions with the post-mortem report.
Mohammad Rahman Alias Abdul Rahman
State Of U.P
Umesh Kumar
As recorded by the court registry
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