In a criminal bail application challenging the maintenance of prosecution, the Allahabad High Court held that no case for bail was made out. The court noted the gravity of the murder charge, co-accused bail rejection, and lack of specific motif, rejecting the application without opining on merits.
No case made out for grant of bail; application rejected.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35487 of 2022
Applicant :- Shadab @ Lala Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Raghuvansh Chandra,Ram Jee Saxena
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 520 of 2021, under Sections 147, 148, 149, 302, 120-B of I.P.C., Police Station Kithore, District Meerut with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. No specific role has been assigned to the applicant, either of firing upon the deceased or catching hold of the deceased at the time of occurrence. It is further submitted that the only evidence against the applicant is that the family members of the deceased saw him with the deceased. It is submitted that the call detail report cannot be relied upon since the area to which a particular tower works might be vast. It is further submitted that no incriminating article relating to the crime has been recovered from the possession or pointing out of the applicant. It is further submitted that no motive has been assigned to the applicant to commit the crime. It is further submitted that applicant is languishing in jail since 14.01.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned private counsel as well as learned A.G.A. vehemently opposed the bail application and submitted that the deceased Muttalib sustained five fire arm injuries out of which one was in his brain. It is further submitted that the applicant actively participated in commission of crime. The investigating officer has collected the call detail report of the mobile number of the applicant and it is revealed that on the day of occurrence the applicant made several calls to co-accused. Further, it is argued that another crime No. 341 of 2022 under Sections 147,
148, 307, 452, 504, 506 I.P.C. is registered by the sister of the deceased Km. Seema against other persons for threatening the informant not to appear before the Court for evidence. It is further submitted that the bail application of the co-accused Parvez has already been rejected. The charge sheet has been filed by the investigating officer after the completion of the investigation.
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 :- 12.1.2023 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is maintainable in a case involving murder under Section 302 IPC amid conflicting versions and co-accused bail rejection.
Whether remaining at the spot without specific role is sufficient ground for granting bail in a murder case.
1 provisions across 1 enactments
Shadab @ Lala
State of U.P.
Mayank Kumar Jain
Vandit Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
