Taufiq vs State Of U.P.
2015 Latest Caselaw 3353 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 
Case :- CRIMINAL APPEAL No. - 4394 of 2014
 
Appellant :- Taufiq
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- R.K. Verma,F.A. Qureshi
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

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

This appeal has been filed on behalf of the appellant-Taufiq against the judgment and order dated 17.10.2014 passed by learned Additional Session Judge, Court No.11 Moradabad in S.T. No. 144 of 2007 (State Vs. Haneef) arising out of Case Crime No. 218 of 2006 under Sections 147, 148, 302, 149, 120-B I.P.C., Police Station Kurdfatehgarh, District Moradabad.

The appellant before this Court has been convicted for the aforesaid offences and has been sentenced for rigorous imprisonment for life  along with fine of Rs. 15000/- and in default of the payment, the accused is required to undergo further rigorous imprisonment for a period of one year and concurrently Rs. 50,000/- has been awarded as compensation to the widow of the deceased.

Learned counsel for the appellant submitted that the appellant- Taufiq was stated to  carry 'Fabra',  Haneef was stated to carry 'Sooza' and other three co-accused namely Hafeej, Anees and Tasreef were stated to carry 'Lathi'. From the postmortem report, it is clear that there is no incised wound on the body of the deceased. He submitted that the appellant is entitled to be released on bail .

In the facts and circumstances of the case, we find that all the five accused had assaulted the deceased-Jalis Khan. First Information Report was lodged within two hours of the incident. The incident as disclosed was well supported by the eye witness account as well by the medical evidence.

The prosecution witness further stated that the accused had not used the sharp side of the 'Fabra' but had used its handle to assault the deceased.

The trial court has considered the evidence available on record and has held the appellant guilty of the offence as alleged.

We are of the considered opinion that no ground to grant bail to release the appellant on bail is made out. Accordingly, the bail application is rejected.

Order Date :- 16.10.2015

Ashish Pd.