Court No. - 64
Case :- CRIMINAL APPEAL No. - 2721 of 2021 Appellant :- Jiya Ur Rehman Respondent :- State Of U.P Counsel for Appellant :- Desh Ratan Chaudhary
Hon'ble Saumitra Dayal Singh,J.
Re : Criminal Misc. Bail Application No. Nil of 2021
1. Heard Sri Desh Ratan Chaudhary, learned counsel for the appellant and Sri Vikas Goswami, learned AGA for the State.
2. The present bail application has been filed with a prayer to release the appellant - Jiya Ur Rehman, on bail in Sessions Trial No. 587 of 2016 (State Vs. Jiya Ur Rehman & Anr.), arising out of Case Crime No. 56 of 2016, under Sections - 498-A and 304-B I.P.C. and Section 3/4 D.P. Act and Sessions Trial No. 607 of 2016 (State Vs. Jiya Ur Rehman), arising out of Case Crime No. 87 of 2016, under Sections - 25/27 of Arms Act, Police Station - Chharra, District - Aligarh, during pendency of the present appeal.
3. It has been vehemently urged that judgement and conviction has arisen purely on account of non-existing material. No one saw the occurrence. Only circumstantial evidence was led. In that regard, referring to the impugned judgement itself, it has been submitted, call detail records were never proven as a document. Then, referring to the statement recorded during trial of the Investigating Officer as also the witnesses namely Sageer (PW-1) and Smt. Nazrana (PW-2), it has been submitted, these witnesses admitted to have not supplied details of the mobile phone numbers of the deceased and the present appellant to the Investigating Officer during investigation. In turn, the Investigating Officer did not prove the numbers of the deceased and the appellant. Purely on imagination, the prosecution story has been canvassed. The learned court below has completely erred in relying on the confessional statement of the appellant claimed to have been recorded at the time of recovery of the firearm to establish his guilt. Besides the fact that the recovery has been planted, it has been submitted, in any case, the further part of the statement as to the occurrence could not have been read in evidence.
4. In the above circumstance, the appellant has remained confined since 09.05.2016 i.e. for more than 5 and half years against the conviction sentence of 10 years.
5. Considering the facts and circumstances of the case, let the appellant - Jiya Ur Rehman, be released on bail on his furnishing personal bonds and two local sureties each in the like amount to the satisfaction of the Court concerned below in the aforesaid case.
6. Further, half of the fine imposed shall be deposited by the appellant within one month from his release.
7. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
Order on Appeal
8. The appeal has already been admitted and lower court summoned.
9. List for hearing in due course.
Order Date :- 21.12.2021 Abhilash Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.21 17:02:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad