Allahabad High Court
Maqbool Ahmed S/O Mohd Azam vs State Of U.P. Thru. Prin. Secy. ... on 5 August, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6252 of 2022
Applicant :- Maqbool Ahmed S/O Mohd Azam
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Ramakar Shukla,Ravindra Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 27 of 2018, under Sections-302, 34, 323, 34, 504 I.P.C., Police Station-Bazar Shukul, District-Amethi.
Learned counsel for the applicant submitted that accused-applicant is innocent and has been falsely imthe plicated in the instant case. As per case of prosecution, the alleged incident is of 21.02.2018, however, the FIR was lodged on 23.02.2018. The deceased is the son of the applicant and the informant is the daughter-in-law, as such, it can be deduced that the implication of the applicant in the instant case is after thought and with ulterior motive.
It is further submitted that after due investigation the name of the applicant was dropped and the charge sheet was filed against Mohd. Noor and Qaisari both, who are son and daughter of the applicant. Thus, prima facie, innocence of the applicant can be presumed.
It is submitted that after examination of PW-1/informant, an application under Section 319 CrPC was preferred and thereupon an order was passed on 05.02.2021 summoning the applicant and co-accused Nazzo. The order dated 05.02.2021 was challenged by means of application bearing Application U/S 482 No.1012 of 2021 and during pendency of this application, the applicant was arrested and therefore, the said application was not pressed on behalf of the present applicant. This application under Section 482 CrPC was subsequently allowed vide judgment and order dated 27.04.2022 and the matter was remanded back for passing fresh order. In this view of the matter, the case of the applicant is on better footing in comparison to co-accused namely Kaisari, who has already been released on bail by this Court vide order dated 18.01.2019 passed in Criminal Misc. Bail Application No. 7105 of 2018.
He submitted that taking note of the facts and circumstances as also that the summoning order based upon which the applicant was taken into custody has already been set aside, the applicant is entitled to be released on bail. In regard to criminal history of the applicant it is stated that the same has been explained in para 23 of the affidavit and there is judgment of acquittal in favour of the applicant.
It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 21.03.2022.
Learned A.G.A. opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that the summoning order dated 05.02.2021 has already been set aside and co-accused has already been released on bail and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Maqbool Ahmed S/O Mohd Azam be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 5.8.2022
Vinay/-
