Dismissed

Fakruddin @ Fakaru v. State of U.P. and Another

Allahabad HC2 Jun 2023CRLA/9081/2022

Case brief

AI extract

What is this about?

This Criminal Appeal sought to set aside an order rejecting bail under the SC/ST Act. The appellant claimed lack of evidence, but the court noted the appellant's criminal history and admitted altercations. The appeal was dismissed, affirming the bail rejection.

What did the court decide?

The criminal appeal is dismissed, the impugned order rejecting bail is affirmed, and the trial court is directed to conclude the trial expediently.

Fakruddin @ Fakaru Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2023)

¶1

¶2

Neutral Citation No. - 2023:AHC:123898

¶3

Reserved On:- 18.05.2023 Delivered On:- 02.06.2023

¶4

Case :- CRIMINAL APPEAL No. - 9081 of 2022 Appellant :- Fakruddin @ Fakaru Respondent :- State of U.P. and Another Counsel for Appellant :- Janardan Yadav Counsel for Respondent :- G.A.,Ramesh Chandra Yadav

¶5

Hon'ble Siddharth, J.

¶6

Heard Sri Janardan Yadav, learned counsel for the appellant, Sri Ramesh Chandra Yadav, learned counsel for opposite party No. 2 and learned A.G.A. for the State.

¶7

The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant, Fakruddin @ Fakaru , to set aside the impugned order dated 28.10.2022 whereby the Special Judge, SC/ST Act, Azamgarh has rejected the bail application of the appellant moved by her in Case Crime No. 331 of 2022, under Sections- 302, 201 IPC and Section 3(2)(5) of SC/ST Act, Police Station- Gambhirpur, District- Azamgarh.

¶8

There is allegation in the FIR that on 10.09.2022 at about 08:00 p.m, Rajesh Gaur entered into the house of the informant and abused and beaten him and gave his threat of life. Then on 15.09.2022 the appellant called husband of informant and took work from him for the whole day. He came back in the evening and went back stating that the appellant has called him thereafter he never came back. She called on his phone but it was not reachable. She went to the house of the appellant on 16.09.2022

¶9

¶10

but he was not found. He was found in the shop of country made liquor. On being asked, he denied any knowledge of husband of informant. On 17.09.2022 she reached the police station and gave application against the appellant and co-accused persons, Rajesh, Ajay, Heera and Rakesh. She expressed apprehension that all the accused persons have caused murder of her husband and have got his dead body disappear. Subsequently, the dead body of the deceased was recovered from a pond and cause of death was found to be drowning.

¶11

Learned counsel for the appellant submits that there is no eyewitness of the incident nor any credible evidence was collected by the investigating officer against the appellant. He had no motive to commit the alleged offence and has been falsely implicated on the basis of suspicion only. The applicant is in jail since 21.09.2022 and has no criminal history to his credit.

¶12

Counsel for the informant has filed a counter affidavit stating thaty the appellant and Rajesh Gaur had enmity with the husband of the informant. Prior to the incident in dispute, co-accused, Rajesh Gaur, had abused, beaten and threatened him. He has submitted that in the confessional statement of accused it has come that on 15.09.2022 he called the deceased on the pond for taking out “jalkumbhi”, thereafter they caught fishes from pond. The deceased went to his house at about 5 p.m and returned at 5:30 p.m with country made liquor, glass, water bottle and snacks. The appellant, co-accused, Ajay and the deceased consumed liquor together and they started fishing again. The deceased started abusing the co-accused, Ajay Prajapati and appellant and hence they drowned him in the pond. Similar confession was made by co-accused, Ajay Prajapati, also.

¶13

Learned A.G.A has vehemently opposed the appeal of the appellant.

¶14

¶15

After hearing the rival contentions, this Court finds that the appellant has criminal history of 5 cases explained in the counter affidavit including the present case. There is evidence of the deceased going to him for the last time and the appellant has also admitted that he came to him and he was lost his company and after consuming liquor some altercation took place as a result of which the appellant and co-accused, Ajay Prajapati, drowning him in the pond. The cause of death of the deceased has been found to be drowning only.

¶16

The bail application and criminal appeal are accordingly, dismissed. Order of the Court below does not suffers any legal or factual infirmity and is hereby affirmed.

¶17

Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order.

¶18

Order Date :- 02.06.2023

¶19

Rohit

¶20

Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Fakruddin @ Fakaru v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Fakruddin @ Fakaru v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Farhaz Ahmed Vs State of U.P. and Another

Maiku Lal @ Bhagwandas and 2 Others Vs State of U.P. and Another

Ravi Jain Vs State of U.P. and Another

Lalit Mohan Srivastava @ Pawan Srivastava and 2 Others Vs State of U.P. and Another

Halku Kushwaha Vs State of U.P. and Another

Ajay Prajapati Vs State of U.P. and Another