Criminal Miscellaneous Bail Application rejected. Court held no case for bail exists given the gravity of offences including murder and alleged honour killing, without expressing an opinion on merit.
Bail application rejected; no grant of bail.
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Neutral Citation No. - 2023:AHC:116513
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16211 of 2023
Applicant :- Aas Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Upadhyay Counsel for Opposite Party :- G.A.,Raj Kumar Singh,Ram Raj Pandey,Shubham Pandey
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 328 of 2022, under Sections 147, 302, 201, 120-B of IPC, Police Station Chhaprauli, District Baghpat with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that applicant is not named in the first information report. The name of the applicant was disclosed by the co-accused Mursleen. In his statement he stated that the present applicant was involved in committing the murder of the Arif. Coaccused Yameen who happens to be the uncle of the deceased-Arif, stated in his statement that a case was registered with regard to the kidnapping of Mahjabee against Arif by the brother of the Mahjabee. It is submitted that Yameen along with Arif and Mahjabee came to Allahabad High Court and when they were returning by Nauchandi Express and reached Meerut Station the brothers of the Mahjabee namely Mursleen, Muntazir, Arman, Aas Mohammad (cousin and present applicant) traced out them and these persons took away Mahjabee with them. Yameen along with Mursleen, Arman and Arif reached at Kandhla, District Shamli where before Yameen, Arif was brutally killed. Yameen stated that if you are killing Arif then Mahjabee should also be killed. It is submitted as per the statement of Yameen it is clear that present applicant remained at Meerut and he did not accompany with other person to Kandhla. No motive has been assigned to the applicant. No recovery of any incriminating article made on the pointing of
the applicant. There is no evidence of last seen together with the deceased Arif. It is also submitted that with regard to kidnapping of Mahjabee by deceased Arif a case crime no. 309 of 2022 was also registered. It is further submitted that so far as the criminal history of the applicant is concerned, the aforesaid case crime no.309 of 2022 under Sections 366, 506, 302, 120-B, 201/34 of IPC is registered against applicant. It is further submitted that applicant is languishing in jail since 07.12.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate as well as learned counsel for the informant have opposed the prayer for grant of bail and argued that this is a case of honour killing in which two adult persons were brutally killed by the present applicant along with other accused. The Arif was killed at Kandhla, District Shamli and Mahjabee was killed at District Bagpat. It is submitted that Mahjabee and Arif applied for registration of marriage before the competent authority and the registration certificate is filed on record. It is further submitted that applicant was actively involved in the present crime and he has also made accused in another case crime no. 309 of 2022 under sections 366, 506, 302, 120-B, 201/34 of IPC and the charge sheet has been submitted against applicant in both the cases and in case crime no. 309/2022 applicant is in judicial custody.
Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 25.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant charged with murder and kidnapping.
If the allegations constitute an honour killing affecting the grant of bail.
1 provisions across 1 enactments
Aas Mohammad
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
