Jabuddin @ Chhote vs State Of U.P.
2019 Latest Caselaw 4242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19447 of 2019
 

 
Applicant :- Jabuddin @ Chhote
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ambikesh Kumar Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Jabuddin @ Chhote who is involved in Case Crime No. 440 of 2018, under section 302, 307 IPC, P.S. Sikandra Rau, District Hathras.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown. After two days of the alleged incident the informant Subhash moved an application on 28.6.2018 in which he has disclosed the name of applicant. It has further been submitted that injured Asad has also disclosed the name of applicant for causing injury to the deceased on his head with brick. It has further been submitted that Asad is minor aged about 8 years. He belongs to district Aligarh and the applicant belongs to district Hathras. Injured Asad was not aware about the name and residence of applicant. He has disclosed the name of applicant only on the saying of his father. It has further been submitted that in fact none have seen the alleged incident. There is no eye witness of the alleged occurrence. The applicant had not caused any injury to the deceased and injured. He has falsely been implicated in the present case. There was no motive to the applicant to commit the murder of the deceased. The applicant has no criminal history and is in jail since 28.6.2018.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that applicant is the main accused. The name of applicant came into light in the application moved by the informant after two days of the alleged incident. In this incident Asad aged about 8 years friend of deceased has also sustained injury. In the statement of injured Asad it has come that the applicant caused injury to the deceasedon his head with brick. In postmortem report the cause of death of the deceased has been shown shock and haemorrhage as a result of ante mortem injury (head injury). The applicant has committed the murder of the deceased, therefore, he 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 am not inclined to release the applicant on bail.

Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Jabuddin @ Chhote is hereby rejected.

Order Date :- 8.5.2019

Masarrat