Allowed

Fahimuddin @ Fahmuddin v. State of U.P.

Allahabad HC17 Nov 2022BAIL/38073/2020

Case brief

AI extract

What is this about?

This court allowed a bail application filed by the applicant in Case Crime No. 0863 of 2020. The judge observed that the applicant made out a case for bail despite the nature of the offence, without expressing an opinion on the merits of the case, relying on the mandate laid down by the Apex Court in Dataram Singh.

What did the court decide?

The applicant is to be released on bail on furnishing a personal bond and two sureties in the like amount.

Fahimuddin @ Fahmuddin Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38073 of 2020

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Applicant :- Fahimuddin @ Fahmuddin Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh,Ankit Agarval,Kuldeep Kumar,Mumtaz Ali Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0863 of 2020, under Sections 323, 304 of I.P.C., P.S. Kotwali Nagar, District Bulandshahr, during pendency of the trial.

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FIR has been lodged against the applicant by the wife of the brother in law of the applicant on dated 18.06.2020 relating the incident allegedly occurred on 17.06.2020. The real fact is that on the day of incident i.e. 17.06.2020 power supply was off and that night was cloudy full with humidity, therefore, the deceased was sleeping with her children on roof but in night suddenly it started to rain and after awaking the children and collecting the clothes when the deceased ran for down through stairs, she slipped from stairs which was wet due to rain and deceased became injured. At the time of alleged incident the applicant was in his another house with second wife and the children of deceased informed the applicant through mobile phone that their mother became injured due to slip fall from stairs. As per statement of Tohid S/o deceased and Huma daughter of the deceased their mother slipped from the stair, became injured and then died. As per the post mortem report the cause of death is coma due to Ante-Mortem Head Injury. It is further submitted that marriage of the applicant was solemnized with the deceased twenty five years back. He further submits that the statement recorded under Section 161 Cr.P.C. is contradictory to the FIR version. The applicant is languishing in jail since 18.06.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Fahimuddin @ Fahmuddin, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 17.11.2022

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Neetu

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Digitally signed by NEETU SINGH Date: 2022.11.19 15:59:39 IST Reason: Location: High Court of Judicature at Allahabad

Fahimuddin @ Fahmuddin v. State of U.P.

Case brief

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Fahimuddin @ Fahmuddin v. State of U.P.

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