Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50192 of 2019 Applicant :- Ikramuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Yashwant Varma,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Hasan Abbas, who has entered appearance on behalf of the complainant as well as Sri Vikas Sahai, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 433 of 2019, under Sections 302, 201 I.P.C., Police Station Surajpur, District- Gautam Buddh Nagar with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that motive has been ascribed to the applicant on certain financial dealings and a dispute between the applicant and the deceased. Although the F.I.R. refers to three individuals who are stated to have last seen the deceased in the company of the applicant, it is urged that their statements have not been recorded under Section 161 Cr.P.C. However, the Court takes into consideration the statement of one Isha who has in unequivocal terms stated that the deceased and the applicant were last seen together having a meal at her shop. This assertion and statement has neither been dealt with nor explained as is contemplated under Section 106 of the Evidence Act, 1872. The post mortem report establishes that the deceased met an unnatural death. Consequently, the Court finds no ground to enlarged the applicant on bail.
Consequently, the Bail Application is dismissed.
Order Date :- 26.11.2019/Arun K. Singh (Yashwant Varma, J.)