Allowed

Mustaq Ali v. State of U.P. Thru.Prin.Secy.Home

Allahabad HC17 May 2023/9718/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The High Court granted bail to the applicant accused in a murder case, noting discrepancies in incident timing between witness and informant statements which did not substantially affect case merits.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties with conditions against tampering and to appear in the trial court.

Mustaq Ali Vs State of U.P. Thru.Prin.Secy.Home — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:34607

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9718 of 2022

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Applicant :- Mustaq Ali Opposite Party :- State Of U.P. Thru.Prin.Secy.Home Counsel for Applicant :- Shailesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shailesh Kumar Singh, the learned counsel for the applicant as well as Sri Sri Niwas Bajpai, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 148 of 2022, under Section 302 I.P.C., registered at Police Station Mitauli, District Kheri.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 14.05.2022 against six named accused persons, not including the applicant, stating that due to a property dispute, all the six named accused persons killed the informant's father by making indiscriminate firing at 4:00 am on 14.05.2021.

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The post mortem examination report of the dead body mentions a solitary gun shot entry wound on the back of the deceased and the cause of death has been opined to be shock and hemorrhage due to ante mortem firearm injury.

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In the statement of the informant recorded under Section 161 Cr.P.C., he reiterated the F.I.R allegation. Subsequently, the police recorded the statement of one Santosh, who stated that they heard the gun shot at about 2:00 am and after three to four minutes he saw the applicant walk swiftly and he was carrying a pistol in his hand and he was coming from the direction of the sound of the gun shot.

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The rejoinder affidavit filed in support of the affidavit explained the applicant's criminal history in para 12 of the affidavit as per which he is involved in a total of 13 other cases, in two of which the applicant has been acquitted by the trial court and one case under Gunda Act stands closed upon expiry of the stipulated period and in the remaining ten cases the applicant has already been granted bail.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named either in the F.I.R or in the statement of the informant recorded under Section 161 Cr.P.C, and he has been implicated on the basis of statement of a witness, who stated that he had heard the gun shot at about 2:00 am where as the informant's stated that the time of the incident at about 04:00 am and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Mustaq Ali be released on bail in Case Crime No. 148 of 2022, under Section 302 I.P.C., registered at Police Station Mitauli, District Kheri, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by

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the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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(Subhash Vidyarthi,J.)

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Order Date :- 17.5.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Mustaq Ali v. State of U.P. Thru.Prin.Secy.Home

Case brief

What is this about?

What did the court decide?

Mustaq Ali v. State of U.P. Thru.Prin.Secy.Home

Case brief

What is this about?

What did the court decide?

What the court decided

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