Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49369 of 2017 Applicant :- Mohammad Raees Opposite Party :- State Of U.P.
Counsel for Applicant :- Iftakhar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Iftakhar Ahmad, learned counsel for the applicant and learned AGA for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged by Ishrar (brother of deceased) against applicant Mohd. Raees alleging that on 17.10.2014, he assaulted his wife Yasmeen Fatma with chapar, she received injuries, died resultantly.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. Applicant is unsound mind. There is no independent witness. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 17.10.2014 (more than four years and one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that he killed his wife and F.I.R. was lodged by brother of deceased. There is no possibility of false implication.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Mohammad Raees involved in Sessions Trial No.
190 of 2015 arising out of Case Crime No. 190 of 2014, under Section 304 IPC, Police Station Khuldabad, District Allahabad is hereby rejected.
Trial below is directed to decide the case as far as possible within one year from today according to Section 309 Cr.P.C.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 28.11.2018 A. Singh