The court rejected a bail application in a murder case. Direct role was assigned to the applicant by the witness accounts and medical evidence, leading to the rejection of the plea.
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Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6481 of 2022
Applicant :- Mohasim @ Chanda Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar, Ashish Kumar Counsel for Opposite Party :- G.A., Dileep Kumar, Sunil Vashisth
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This bail application has been filed on behalf of the applicant Mohasim @ Chanda Qureshi in connection with Case Crime No.22 of 2021, under Sections 302, 506 I.P.C., Police Station Babina, district Jhansi.
The first information report was lodged by the informant about the death of his brother against two named persons, including applicant. It was alleged in the first information report that on 15.01.2021 at about 9:45 p.m. when the informant's brother was sitting near bonfire due to severe cold, the applicant came there and started quarrelling with the informant's brother. Later on, he came from his house along with revolver and shot the informant's brother near his eye. The incident was seen by Imran and Ansar. It was also alleged that injured was taken to the hospital from where the injured was referred to Jhansi Medical College, Jhansi. The informant's brother died during treatment.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to village partibandi. He submitted that site plan, copy whereof has been annexed on page no.43 of the paper book, shows that the deceased was sitting outside his house because it is a road and there was no house of the deceased. He submitted that the deceased was having enmities with so many people and that is why he has been assaulted by someone else and the applicant has been falsely implicated in this matter. He submitted that the applicant is languishing in jail since 24.01.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the informant and learned A.G.A. have vehemently opposite the prayer for bail and submitted that the deceased was sitting outside his house,, which is evident from the site plan itself, in which it has been mentioned that there was a house of Ansar where the deceased was sitting. It was further submitted that there are specific allegation of assault against the applicant and the incident was witnessed by independent witness and there is no occasion as to why the applicant will be nominated in this matter instead of other falsely. It was further submitted that there is specific version in the statement of the witness and the statement of the witness corroborates to the medical evidence.
After considering the rival submissions of the parties and considering that direct role was assigned to the present accused, the bail application is accordingly, rejected .
Order Date :- 24.5.2022 R./
Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.05.28 13:34:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a murder case where direct role is assigned.
Mohasim @ Chanda Qureshi
Ajit Singh
As recorded by the court registry
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