Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32224 of 2021 Applicant :- Aatif Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sunil Kumar, learned counsel for the applicant, Sri S.B. Maurya, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Aatif, seeking enlargement on bail during trial in connection with Case Crime No. 168 of 2021, under Sections 302, 201 I.P.C., registered at Police Station Chatari, District Bulandshahr.
Learned counsel for the applicant argued that initially an information was given by Happu Pradhan @ Khalik to the Police on 01.05.2021 at 09:27 hrs stating therein that one unknown dead body is lying at the place of occurrence on which the police reaches the said place at 10:30 am and starts the inquest of the said dead body as that of an unknown person. It is argued that the inquest concluded at 11:30 am and till that time the identification of the said dead body was not done. Subsequently, it came to be known that same is of Km. Mehraj who is the deceased. Subsequently, the present First Information Report was lodged on 01.05.2021 at about 13:43 hrs by Mohammad Aslam the father of the deceased girl against unknown person stating therein that his daughter aged about 24 years went from the house on 29.04.2021 at about 23:30 hrs without informing anyone. On 01.05.2021 in the morning, her dead body was found lying near nahar bhattey. He along with his family members went there and identified the dead body as that of his daughter. He states that when his daughter went away from the house they searched her a lot but he did not inform the police about his daughter going missing. He states that the murder of his daughter has been done by unknown person. It is argued that subsequently on 15.05.2021, the first informant Mohammad Aslam, his wife Smt. Afsana and his daughter Reshma went to the Police Station and told the Investigating Officer that they want to tell some importing thing in the matter which they came to know recently and the same is that the applicant who is the brother of the deceased has given his extrajudicial confession to them and stated that he has murdered his sister and she was of not a good character and due to fear to disrepute he has murdered her.
It is further argued that the police arrested the applicant on 15.05.2021 and his confession was recorded. Learned counsel has argued that the entire prosecution case is manipulated by the police just in order to show good work. There is no eye witness to the murder. The present case is a case of circumstantial evidence. Links in the chain are conspicuously missing. There is no recovery of any incriminating material either from the possession or pointing out of the applicant. The cause of death as opined by the doctor is asphyxia due to throttling and the deceased has received a single abrasion on her neck. There is no other injury found on her body. It is argued that the applicant has been falsely implicated and there is no credible evidence to implicate him in the present matter. The applicant has no motive to commit the said offence. He further argued that the applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 16.05.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is the brother of the deceased. There was no reason for his father, mother and sister to give the statement implicating him in the present matter. It is argued that there was no reason for false implication of the applicant.
After having heard learned counsels for the parties and perusing the records, it is evident that the present case is a case of circumstantial evidence. There is no eye witness to the murder. There is no previous information by the first informant to the police regarding the deceased going missing from the house. The implication of the applicant is after 15 days of the incident by his father, mother and his sister on the basis of an alleged extrajudicial confession given to them and then his confession to the police.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Aatif, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member) 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 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 I.P.C.
(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 Cr.P.C. 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 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/endeavour 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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 27.9.2021 M. ARIF (Samit Gopal, J.)