Allahabad High Court
Saddam Husain vs State Of U.P. on 8 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19448 of 2019
Applicant :- Saddam Husain
Opposite Party :- State Of U.P.
Counsel for Applicant :- Bindu Kumari
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Mohd. Shabbir and Sri Mohd. Shamim Khan, learned counsel jointly filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged with the delay of 2 days and there is no satisfactory explanation of this delay. It has further been submitted that the FIR was lodged by Ansar Ali, brother of deceased. In FIR it has been mentioned that the relation in between the deceased and his wife Sarwari Begum was not good. Sarwari Begum has established physical relation with several persons due to which a hot talk had taken place in between the husband (deceased) and wife Sarwari Begum. Sarwari Begum has left the house with one person. She was brought back by the informant and his family members. In FIR it has been mentioned that the applicant is Bahnoi of Sarwari Begum. The applicant, Sarwari Begum and her father committed the murder of the deceased. It has further been submitted that the informant Ansar Ali is not the eye witness of the alleged occurrence. In FIR it has not been mentioned that there was illicit relation in between the applicant and wife of deceased namely Sarwari Begum. In the statement of witness Kamaluddin it has come that in the night of alleged incident he had seen the applicant at 1:00 a.m. going from the house of deceased. Kamaluddin is the cousin brother of informant. If Kamaluddin had seen the applicant going from the house of deceased he could inform the informant prior to lodging the FIR of this incident but in FIR it has not been mentioned that Kamaluddin had seen the applicant coming out from the house of the deceased. The information of death of the deceased was given by the wife of deceased Sarwari Begum to the neighbours as well as police and on her information the inquest report was prepared. In postmortem report the cause of death of the deceased has been shown asphyxia due to strangulation. The applicant has no concern with the alleged incident. There is no direct evidence against the applicant and there was no motive to the applicant to commit the murder of the deceased. The applicant has falsely been implicated in the present case due to being the Bahnoi of Sarwari Begum, wife of the deceased. The applicant has no criminal history and is in jail since 13.3.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant is named in the FIR. The wife of deceased namely Sarwari Begum has established physical relation with other person along with applicant due to which the applicant, father of Sarwari Begum and Sarwari Begum have committed the murder of the deceased. In the statement of Kamaluddin it has come that he had seen the applicant at 1:00 a.m. in the night coming out from the house of the deceased. The applicant and other co-accused have committed the murder of the deceased, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Saddam Husain involved in Case Crime No. 35 of 2019, under section 302 IPC, P.S. Karma, District Sonbhadra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 8.5.2019
Masarrat
