Aftab @ Hamza Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

Aftab @ Hamza Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Release on bail on furnishing personal bond and two reliable sureties of the like amount each to the satisfaction of the court concerned, subject to conditions: (a) bond to attend hearings; (b) not to commit any similar offence; (c) not to directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure, nor tamper with the evidence.

Issue for consideration

Whether the applicant Aftab @ Hamza is entitled to be enlarged on bail in FIR No.270 of 2023, under Sections 302, 394, 411, 34 IPC, Police Station Masauli, District Barabanki.

Court's answer

The applicant is entitled to be released on bail: the other factors being the same as those of co-accused Rizwan (enlarged on bail on 09.09.2024), coupled with the applicant having no criminal history and being in custody since 15.09.2023.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Pankaj Bhatia, J.), order dated 10.9.2024 — Bail allowed. Applicant Aftab @ Hamza sought enlargement in FIR No.270 of 2023, under Sections 302, 394, 411, 34 IPC, Police Station Masauli, District Barabanki. Counsel urged parity with co-accused Rizwan, against whom similar allegations were levelled and who was enlarged on bail vide order dated 09.09.2024, and further contended that a confessional statement against the applicant was not admissible in evidence. Learned A.G.A. opposed the bail prayer. Considering the other factors to be the same, coupled with the applicant having no criminal history and being in custody since 15.09.2023, the court held the applicant entitled to be released on bail and allowed the application. Release directed on furnishing personal bond and two reliable sureties of the like amount each, with conditions to attend hearings, refrain from similar offences, and not to make any inducement, threat or promise to dissuade disclosure or tamper with evidence. The judgment contains no express ruling on the admissibility-of-confession contention.

Neutral Citation No. - 2024:AHC-LKO:62557

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 512 of 2024 Applicant :- Aftab @ Hamza Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow Counsel for Applicant :- Shashi Kant Tripathi,Faizal Hashmi,K.K. Singh,Shreya Shukla,Vinay Kumar Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

2 . The applicant seeks enlargement on bail in FIR No.270 of 2023, under Sections 302, 394, 411, 34 IPC, Police Station Masauli, District Barabanki.

3 . It is argued by the Counsel for the applicant that the co-accused Rizwan against whom similar allegations were levelled, was enlarged on bail vide order dated 09.09.2024. It is further argued by the Counsel for the applicant that apart from the fact mentioned in the bail order of Rizwan in respect of the applicant, there is a confessional statement, which according to the applicant is not admissible in evidence.

4 . Learned A.G.A. vehemently opposed the bail prayer.

5. Considering the other factor being same coupled with the fact that the applicant has no criminal history and is in custody since 15.09.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

6. Let the applicant Aftab @ Hamza be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 10.9.2024 akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench