Tuesday, August 9, 2022

Allahabad High Court allows conditional bail application of man charged with murder

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The Allahabad High Court has allowed the conditional bail application of an accused charged with murder. A single-judge bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Bail Application filed by Shahid.

The bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shahid, seeking enlargement on bail during trial in connection with Case under Section 302 IPC, registered at PS Loni, District Ghaziabad.

The FIR of the case was lodged on August 13, 2020 by Khalil Ahmed, father of the deceased, against the applicant only stating that on August 10, 2020 at about 12:00 pm, applicant, who is his neighbour, took away his daughter, aged about 18 years, on a motorcycle. She was seen by persons going with the applicant. She did not return back. She was searched a lot but could not be traced.

On October 13, 2020, he found news about an unknown girl, who was found dead, which was being flashed on social media, he identified the said girl as his daughter from her clothes and physique. It is further mentioned that applicant enticed away his daughter and has murdered her. He has been absconding since then.

Also Read: Allahabad High Court grants bail to main accused in Dr Bansal murder case

The counsel for the applicant argued that applicant has been falsely implicated in the case. It is argued that the dead body of the girl was recovered on August 10, 2020 and the postmortem of the same was conducted on August 11, 2020 as an unknown body in which cause of death was opined as shock and hemorrhage due to ante-mortem injury.

It was further argued that delay in lodging the FIR of 3 days is unexplained. It was next argued that after lodging the FIR, there are witnesses who have stated about the applicant taking away the deceased with him which is an afterthought.

The counsel for the applicant said that implication of the applicant is on the basis of suspicion only. There is no eye-witness to the murder. The counsel further said that there was an enmity between the applicant and the first informant with regard to a vehicle in which both the parties were challaned under Section 151 and 107/116 CrPC, as has been stated in the affidavit.He further argued that the applicant has no criminal history and has been in jail since August 14, 2020.

Additional Government Advocate as well as counsel for the informant opposed the prayer for bail and it is argued that applicant was seen by Akram Ahmed and Nawajish, taking away the deceased with her on the motorcycle on August 10, 2020 after which she was found dead. It is further argued that as such the applicant is involved in this case.

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Looking at the facts and circumstances of the case, it is apparent that the case is a case of circumstantial evidence. The first informant report has been lodged after three days of the going of the deceased with the applicant as alleged. There is no eye-witness to the murder. There was enmity between the parties as is being pleaded and not denied. I am inclined to release the applicant on bail, the Court observed.

The Court ordered that,

Let the applicant Shahid, be released on bail in the case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide by the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A IPC.

Also Read: Allahabad HC acquits man sentenced to death in rape and murder case of 6-year-old girl in Rampur

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 CrPC. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such a default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC. (vi) The trial court may make all possible efforts/endeavors and try to conclude the trial expeditiously after the release of the applicant.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.

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