The court considered a bail application filed by Salma in a murder case involving political and domestic disputes. Rejecting the plea, the court held there were no grounds for bail and directed the trial court to conclude the trial expeditiously within one year.
Bail application rejected; direction to trial court to conclude trial within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Reserved on 25.1.2023 Delivered on 28.01.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52558 of 2022
Applicant :- Salma Opposite Party :- State of U.P. Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.,Vimal Kumar Pandey
Hon'ble Siddharth,J.
Heard Sri Yashpal Yadav, learned counsel for the applicant; Sri Vimal Kumar Pandey, larned counsel for the informant; learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Arif, with a prayer to release her on bail in Case Crime No. 63 of 2022, under Sections 323, 336, 452, 304, 504 IPC, Police Station Ramkola DistrictKushingar, during pendency of trial.
There is allegation in the FIR that the husband of the informant, Babar Ali, supported the B.J.P. (Bartiya Janta Party) in the elections despite being muslim and therefore he was beaten by the applicant and three other accused persons and thrown from roof as a result of which he subsequently died.
Learned counsel for the applicant has submitted that the deceased was butcher and he used to throw carcass, hide, feather and other waste of chicken in the drain and it used to get block. On account of the same, the dispute took place between the applicant and deceased on 3.2.2022. They were challaned under Section 151/107/116 Cr.P.C. It is a case of false implication of the applicant. She is in jail since 27.3.2022 and has no criminal history to her credit.
Learned counsel for the informant and learned AGA have vehemently opposed the prayer for bail of the applicant. They have submitted that apart from the dispute regarding Nali , the dispute regarding elections were also there as clear from the statement of informant and the statements of the independent witnesses, namely, Arjun Chaurasiya, Bhulai Prasad and Hari Shankar Pal. They have submitted that four person have brutally beaten and murdered the husband of the informant. He suffered six injuries and three of them were on head which proved that the deceased was thrown from roof and he fell on his head.
This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.
The bail application is accordingly rejected.
The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 28.01.2023
Ruchi Agrahari
2 of 2
Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail considering the nature of the offence and injuries sustained by the deceased.
Salma
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
