Allowed

Azhar v. State of U.P.

Allahabad HC20 Jun 2023BAIL/21754/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application in a murder case. While the applicant faced an FIR for an assault resulting in death, the Court noted no specific role was assigned to him and evidence was inconsistent. Consequently, bail was granted on surety with strict conditions.

What did the court decide?

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

Azhar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127418

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21754 of 2023

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Applicant :- Azhar Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Hitesh Pachori, learned counsel for the applicant and Sri Chandan Agarwal, learned A.G.A. for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Azhar s/o Shaheed Khan, seeking enlargement on bail during trial in connection with Case Crime No. 0037 of 2023, under Sections 302, 201, 34 I.P.C., registered at Police Station Tajganj, District Agra.

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The first information report of the matter was lodged on 15.01.2023 by Kishan Singh against the applicant, Kalu, Aman, Azhar and 7-8 unknown people alleging therein that on 14.01.2023 at about 10 pm some fight was going on near a temple near his house. On hearing the shouts, Satish (Soni) his nephew intervened after which the said persons went away. The named accused persons were present there in the fight. Then at about 1 am they returned back armed with knives and other arms and finding Satish alone assaulted him with knife despite the fact that he has nothing to do with the earlier fight. In the morning on 15.01.2023 the neighbours saw the dead body, then the informant and his family members came to know of it. Some people have recorded the video of the incident in which the accused persons are seen armed with knives and other weapons. A report was thus lodged.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the deceased was found to have received only two injuries on his person one being incised wound and the other being a stab wound (punctured wound). The cause of death was opined as shock & hemorrhage as a result of antemortem injuries. It is argued that no specific role has been assigned to the applicant. Learned counsel has argued that Sunil the brother of the deceased in his statement recorded u/s 161 Cr.P.C. has identified Aman roaming about, carrying knife with him in the CCTV footage and also in the video recording. It is argued that the applicant has not been seen either having any weapon or doing any overt act. It is argued that the alleged weapon which is knife has been shown to have been recovered from the possession of co-accused Kalu. It is argued that there is no eye-witness to the incident. The applicant has no criminal history as stated in para 19 and is in jail since 17.01.2023.

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Per contra , learned A.G.A. opposed the prayer for bail and argued that the applicant in named in the first information report and one person has lost his life. Learned A.G.A. although could not dispute the other arguments of learned counsel for the applicant. It is argued that since the applicant is named in the first information report, there has been an assault on Satish with a deadly weapon and the applicant is stated to be present at the place of occurrence, the bail be rejected.

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After having heard the learned counsel for the parties and perusing the record, it is evident that although the applicant is named in the first information report but there is no specific role assigned to him. The prosecution case is of an assault upon the deceased as per the first information report by 04 named persons and 7-8 unknown persons. The deceased is stated to have received only two injuries on his body. As per the statement of Sunil the brother of the deceased recorded u/s 161 Cr.P.C. four persons are stated to have assaulted the deceased but even then two injuries have been received by him. The same is not consistent with the manner of assault as alleged. The recovery of the alleged weapon of assault is from co-accused Kalu. There is no eye-witness to the incident.

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The case of the applicant is distinguishable to that of co-accused Kalu.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Azhar s/o Shaheed Khan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 20.6.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Azhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Azhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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