Court rejected an anticipatory bail application in a murder case involving assault with weapons. The bench concluded that CCTV footage recorded the applicant's presence and active participation in the incident, warranting denial of bail.
Bail application rejected; applicant not entitled to release on bail.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13138 of 2023
Applicant :- Tausif Ali Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.,Prakash Chandra Srivastava
Hon'ble Sameer Jain,J.
12 persons made assault through wooden sticks upon the deceased but post mortem report of the deceased shows that he sustained only five injuries, therefore, it appears that number of accused persons have falsely been implicated in the present matter and story narrated by the informant and his witnesses are highly exaggerated one.
injuries but from the record it appears that Investigating Officer procured CCTV footage from the house of two persons, namely Saimuddin and Ahmadullah and although from CCTV footage, which was recovered from the house of Saimuddin, it appears that in that footage presence of applicant is not evident but from the CCTV footage recovered from the house of Ahmadullah it appears that applicant was not only present at spot but he also participated in the incident and after the incident he was running along with other co-accused persons from the spot and this fact has been noted by the Investigating Officer after perusal of the CCTV footage recovered from the house of Ahmadullah in the case diary.
Order Date :- 3.5.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail when CCTV footage shows his presence and active participation in an assault leading to death.
Whether the rejection of bail for a similarly placed co-accused precludes the refusal of bail in the present case despite lack of forensic evidence on the number of accused.
2 provisions across 2 enactments
Tausif Ali
State of U.P.
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
