Allahabad High Court
Abdul Kalam vs State Of U.P. on 17 November, 2016
Bench: Vikram Nath, Sheo Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- CRIMINAL APPEAL No. - 5818 of 2015
Appellant :- Abdul Kalam
Respondent :- State Of U.P.
Counsel for Appellant :- Sheshadri Trivedi,Ayank Mishra
Counsel for Respondent :- G.A.,Vinod Kumar Singh Parmar
Connected with :
Case :- CRIMINAL APPEAL No. - 5908 of 2015
Appellant :- Ishaq & 4 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Ayank Mishra,Sheshadri Trivedi
Counsel for Respondent :- G.A.,Vinod Kumar Singh Parmar
Hon'ble Vikram Nath, J.
Hon'ble Sheo Kumar Singh-I, J.
1. Criminal Misc. Bail Application No. 424787 of 2015 on behalf of Abdul Kalam.
2. Criminal Misc. Bail Application No. 429547 of 2015 on behalf of Ishaq and two others.
Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ajay Kumar Pandey, in both the appeals, learned A.G.A for the Sate and Sri Vinod Kumar Singh Parmar, learned counsel appearing for the complainant on the question of grant of bail to the appellants.
Learned senior counsel for the appellants submitted that it was a night incident and no one had seen the occurrence. It is next submitted that the injuries of the injured were simple injuries, which could have been self inflicted and that too in the finger and right hand. It was next submitted that the only role assigned to the appellant - Abdul Kalam was of exhortation. It was next submitted that other five appellants were assigned fire-arm weapons. Mahfooz was assigned country-made pistol, Ala Uddin @ Bhullan and Alfaaz assigned D.B.B.L. Gun and Ish-Haaq and Islam @ Chunnu were assigned rifle. The recovery of fire-arm weapons, are said to have been made from all the five aforesaid appellants. However, the rifle recovered from Ish-Haaq and the pistol recovered from Mahfooz only matched with the blank cartridges / empties recovered from the place of occurrence. Other three weapons recovered did not match with the recovery of blank cartridges / empties. It was next submitted that as no one had seen the incident and the murder has been committed by unknown assailants, the prosecution has falsely implicated the appellants on account of old enmity with the family members of the deceased. He has also submitted that it was only Abdul Kalam, who was on bail during the trial. He has also submitted that there are no criminal antecedents except the case in hand and subsequent registration of the F.I.R under the Gangster Act & Gunda Act. On such submissions, the prayer for bail has been made.
On the other hand learned A.G.A, and Sri Vinod Kumar Singh Parmar, learned counsel for the complainant submitted that the injured has fully supported the prosecution story and there was no occasion to falsely implicate the appellants and spare the real assailants. The first information report was promptly lodged. The appellants were named in the F.I.R. The medical evidence fully supported the prosecution story. The ante-mortem injuries of deceased Abdulla and deceased Imran tallied with the weapons used by the five appellants, who were not on bail during the trial, as such the prayer for bail may be refused.
Having considered the submissions, we find that the rifle recovered from Ish-Haaq and the pistol recovered from Mahfooz were sent for ballistic examination and in report of the F.S.L. blank cartridges / empties recovered from the occurrence matched to have been fired from the rifle and pistol assigned to and recovered from Ish-Haaq and Mahfooz. We are thus not inclined to grant bail to the said two appellants. The prayer for bail of appellant Ish-Haaq and Mahfooz is accordingly refused.
In so far as the other appellants are concerned, case for bail is made out.
Let the accused - appellants - Abdul Kalam, Allauddin, Islam and Alfaj convicted and sentenced in Sessions Trial No. 2 of 2012 - (State Vs. Ishaq and others) arising out of Case Crime No. 377 of 2011, under Section 147, 148, 149, 302, 307 of I.P.C, with Section 07 of Criminal Law Amendment Act, Police Station - Kerakat, District - Jaunpur, be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
On acceptance of bail bonds and personal bonds, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record of these appeals.
Order Date :- 17.11.2016.
Vinod.
