Riyaz Ahmad vs State Of U.P.
2013 Latest Caselaw 6633 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 4849 of 2013
 

 
Applicant :- Riyaz Ahmad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Neeta Singh Chandel,Dr.Manoj Dubey
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

It is submitted by learned counsel for the applicant that in the present case the deceased Km. Bibi Jainab aged about 10 years was missing from 25.2.2013. Its missing report was lodged by the applicant himself on 26.2.2013. The dead body of the deceased was found on 28.2.2013. Its FIR was lodged by the applicant against his third wife Smt. Reshma Bano, step mother of the deceased. Subsequently some of the witnesses stated that the deceased was seen in the company of the applicant on 25.2.2013. According to the post mortem examination report the deceased has died due to ante mortem injury but the duration of the death was about one-one half days. The post mortem examination was done on 1.3.2013. It shows that statement of the witnesses  who stated before the I.O.  that the deceased was seen in the company of the applicant on 25.2.2010 are not reliable. Therefore, the applicant may be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. that the applicant is father of the deceased. There was dispute between applicant and third wife. The FIR has been lodged by the applicant against his third wife after committing the murder of his daughter, therefore, he may not be released on bail.

Considering the submission made by learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that in the present case the applicant himself lodged the missing report of the deceased on 25.2.2013, thereafter the dead body was recovered. The deceased was daughter of the first wife who has already died. According to the post mortem examination report  the duration of death was about one-one and half days. The post mortem examination report was done on 1.3.2013.I n such circumstances, the applicant is entitled for bail.

Let the applicant Riyaz Ahmad involved in case crime no.  131 of 2013 under Sections 302/201 I.P.C., P.S. Kotwali Nagar, District Barabanki be released on bail on his furnishing a personal bond and two heavy sureties to the satisfaction of the Court concerned with the conditions:

*That the applicant shall not tamper with the evidence.

*That he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned condition, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 28.10.2013

RPD