The High Court rejected the bail application of an accused charged with murder and offences under the Arms Act. The court found no grounds to suggest false implication and directed the trial court to complete the trial within six months under Section 309 Cr.P.C.
Bail application rejected; trial directed to be concluded within six months under Section 309 Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24786 of 2020
Applicant :- Haseen Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Srivastava,Mohd Mohiuddin Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 236 of 2018, under Section 302 I.P.C. and section 4/25 Arms Act, P.S. Bhelupur, district-Varanasi, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the complainant Abdul Aleem against his own son the present accused, Haseen in respect of murder of his wife Sulema Khatoon. It was also alleged in the FIR the incident was witnessed by his elder son Mallu and other persons of the locality.
Learned counsel for the applicant has failed to point out the ground of false implication and he has also failed to specify that why a father shall lodge the FIR against his own son in respect of murder of his own wife.
After having heard the rival submissions advanced by learned counsel for the applicant and learned A.G.A. for the State, this Court does not find it proper to release the applicant on bail.
The bail application is accordingly rejected.
However, considering the peculiar fact and circumstances of the case, the trial court is directed to expedite the trial of the aforesaid case and conclude the same in accordance with the provisions contained in Section 309 Cr.P.C. within a period of six months from the date of production of a certified copy of this order without granting unnecessary adjournment to either of the parties.
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.
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.
Order Date :- 3.2.2021 Faridul
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of false implication despite lack of supporting submissions?
Whether the trial court should be directed to expedite the trial under Section 309 Cr.P.C.?
3 provisions across 3 enactments
Haseen
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
