Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45149 of 2015 Applicant :- Azam Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Narayan Singh,Om Prakash Singh,Sushil Kumar Rao Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Azam, who is involved in Case Crime No. 562 of 2015, under Sections 302, 376 I.P.C., P.S. Kannauj, District Kannauj, is seeking enlargement on bail.
Learned counsel for the applicant argued that the accused- applicant is innocent and he is languishing in jail since 13.06.2015 that i.e. for more than four years. This first information report was got lodged against unknown assailants. Subsequently, an application under Section 156 (3) Cr.P.C. was moved by informant Anwar Husain before the Magistrate by mentioning that Azam, who has been implicated as an accused in this occurrence, is the real nephew of informant and is of no concern with this occurrence rather three others Badrul, Aslam and Faiyyaz were seen following Km Anzum Bano on 10.06.2015 at about 9:00 PM, while she was on her way for open door defecation in a field along with torch, water pot and a mobile phone. At that time Akhtari Begum (mother of the deceased) and Salia Begum (elder sister of the deceased) were present at house and rest members of were family were busy in celebration of Urs of Sayad Baba. Subsequently, Ikrar Husain, younger brother of informant, while coming back from Urs place saw Km. Anzum Bano going towards graveyard and those persons were following her. Km.Anzum Bano did not turn up, hence Ikrar went towards above place for looking after her where her dead body was found having various injuries and lying under pool of blood mobile phone was present there. After this information, informant and many others went on spot and found above scenario. Instantly police was informed, Kotwal Bhullan Yadav and alongwith police team has rushed on spot. Victim Km. Anzum Bano was taken at District hospital, where her dead body was kept at that time informant, his brother Munnaur and his nephew Azam were present applicant was present at above hospital. Applicant- Azam was at job at Kannauj he had rushed after hearing information but subsequently he has been implicated in this case and his own upper inner wear has been planted in this case. The Sandow Baniyan of accused-applicant was taken in custody and was sent for Forensic Science Laboratory for its analysis and report wherein report was about this integration of blood, hence origin of blood could not be ascertained whereas over other articles belonging to deceased it was held to be human blood meaning thereby this alleged story of blood stains Baniyan of accused- applicant confessed by him to be born at the time of occurrence becomes futile. The vaginal smear and its slide was sent for Forensic Science Laboratory for its analysis but as per report of police filed before this Court there was tempering and manipulation by some police staff and it was not submitted by Forensic Science Laboratory for which a probe has been ordered and this has been admitted by Gazetted Officer of police in its report submitted by Superintendent of Police. This stand also goes away. Now there is a stands of last seen circumstantial evidence but informant himself by way of application under Section 156 (3) Cr.P.C. has denied this last seen evidence therein, rather three other persons have been said to be seem in last seen while deceased was going for open door defecation and applicant Azam was not there. His subsequent behaviour has been said by informant that after hearing this untoward with his cousin sister he rushed at hospital and remained at hospital where her dead body was kept into along with other family members. He was having his telephonic conversation with deceased which was admitted by him because deceased was daughter of his real uncle and he was a family member having telephonic conversation with deceased. Even if case of prosecution is being admitted for a time that just before this occurrence he made a telephonic call and he came to the house of informant talked with deceased and her other sister thereafter. All this creates no abnormal situation because Ursh festival was being celebrated in above village and he had visited house of informant, there was no likelihood of any untoward or any apprehension of any untoward or any motive of this occurrence otherwise this report against unknown have not been registered. This entire story has been developed in blind murder, subsequently leaving behind the real culprit. There is no evidence against applicant except alleged extra judicial confession, which has been retracted by him that no such confession was ever made by him nor it was stand that this was subsequent development, he is in jail since last more than four years there is no likelihood of early conclusion of trial he is of no criminal antecedent, bail during trial has been prayed for.
Learned A.G.A. has vehemently opposed the bail with this contention that there is extra judicial confession of accused/ applicant followed by recovery of Sandow Baniyan of his own having blood stains over it which was sent for Forensic Science Laboratory for forensic science analysis coupled with statement of witnesses recorded under Section 161 Cr.P.C. wherein last seen evidence and presence of applicant inclose proximity of time is there, hence, in case of bail, there is likelihood of tampering with evidence and fleeing from course of justice, bail be rejected.
Having heard learned counsels for both sides and gone through the material placed on record, it is apparent that this report was got registered against unknown persons, investigation proceeded wherein applicant was apprehended and it was alleged that he made his confession before police, thereby a recovery of Sandow Baniyan was there, which was having blood stains over it and was sent for forensic science laboratory for his examination. Subsequently, there was extra judicial confession for it but the report of Forensic Science Laboratory does not establish that the alleged blood stains of human blood because it was disintegrated, whereas blood over the belongings of deceased were reported to be of human blood but this Sandow Baniyan could not be said to be with human blood. The slide of vaginal smear was manipulated for which probe is being conducted by Superintendent of Police. The retracted extra judicial confession is there but it was instantly reported at the time of registration of case crime number informant himself has said that his nephew Azam, present applicant, was of with no concern with this occurrence and three others were named in above application. Applicant is in jail for more than four years.
Under all above facts and circumstances and considering the rival submissions, but without expressing any opinion on merit of the case, a case for bail is made out.
Accordingly, this bail application is allowed.
Let the applicant, Azam, involved in above mentioned case crime number, be released on bail on furnishing a personal bond and two sureties, each, in the like amount, to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.9.2019 Radhika