Allahabad High Court
Kareem Husain vs State Of U.P. on 28 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22434 of 2019
Applicant :- Kareem Husain
Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri S. Kamal Akhtar Khan and Sri Sharafat Ali Siddiqui, learned counsel jointly filed Vakalatnama on behalf of complainant, is taken on record.
This bail application has been moved on behalf of applicant Kareem Husain who is involved in Case Crime No. 462 of 2018, under section 302, 504, P.S. Kotwali, District Rampur,
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 was lodged against 3 persons including the applicant. During investigation the involvement of co-accused Junaid Khan @ Achchey has been found false. The charge-sheet has been submitted only against the applicant and co-accused Zakir Husain. In the 2nd statement of informant Javed Khan it has come that he reached on the place of occurrence after information of the incident which shows that the informant is not the eye witness of the alleged occurrence. It has further been submitted that in fact no one has seen the alleged incident. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. This is night incident. According to postmortem report only one gun shot injury has been found to the deceased. It appears that some unknown person had shot fire upon the deceased and no one recognized the main assailant. The applicant has no criminal history and is in jail since 20.7.2018.
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. On the exhortation of co-accused the applicant had fired upon the deceased due to which he sustained gun shot injury and died. There are eye witnesses of the alleged occurrence. They have also supported the prosecution version in their statements recorded under section 161 Cr.P.C. and have stated that the applicant had fired upon the deceased. The applicant is main accused who had fired upon 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 Kareem Husain is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of one year from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 28.5.2019
Masarrat
