Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32618 of 2021 Applicant :- Mujeev Opposite Party :- State of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Arjun Singh Solanki, learned counsel for the applicant and Sri B.B. Upadhyay, learned A.G.A. 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- Mujeev, seeking enlargement on bail during trial in connection with Case Crime No. 172 of 2021, under Section 302 I.P.C., registered at Police Station Ganjdundwara, District Kasganj.
The prosecution case as per the first information report lodged on 21.05.2021 by Shakir Ali naming the applicant, Smt. Nazma Begum, Marris and Ahmad Ali is that his son Azim was married with Khushnaseeb on 15.12.2020. He was living with his wife's in-laws house since the last two months. His daughter-in-law was having a pregnancy of four months. On 14.05.2021 at about 05:30 AM, he received a call from his son who told him that Khushnaseeb has been murdered by Mujeev (the applicant), Nazma Begum, Marris and Ahmad by pressing her neck and called the first informant to come immediately after which the phone was disconnected. The first informant then tried to call on the mobile which was switched off. He then with his family members went there and he was told that his son has been taken to hospital but he died on the way. He has brought the body of his son to his house. He went on 14.05.2021 at 7 AM to the in-laws house of his son and found Khushnaseeb lying here in a dead condition. The first information report is thus lodged.
Learned counsel for the applicant argued that initially the first informant gave an application to the police which was registered in GD No. 033 on 14.05.2021 at 15:37 hours stating therein that his son and daughter-in-law have consumed some poisonous substance and have died. No one is involved in the said matter. It is argued that after the said information, the postmortem examination was conducted but later on after 07 days on 21.05.2021, the present first information report has been lodged naming the applicant and three other persons. It is argued that the naming of the applicant in the present case is an afterthought and is a falsity. It is further argued that the applicant has no reason whatsoever to murder his sister and his brother-in-law in his house. The applicant has no criminal history as stated in para 31 and is in jail since 23.05.2021.
Per contra, learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is named in the first information report. The deceased (Khushnaseeb) has received six injuries on her body. The cause of death has been opined as asphyxia as a result of smothering due to antemortem injury. Bleeding from the nose was present in both the deceased and both the eyes of the both the deceased were congested. It is argued that there is no explanation whatsoever coming from the side of the applicant as to how both the deceased died while living in his house. It is further argued that Smt. Nafisa Begum and Jabir are the eye-witnesses of the incident who have seen the accused persons strangulating one of the deceased Azim. It is argued that as such there is eye- witness account of the incident. In so far as GD entry is concerned, the same may have been given initially by the first informant on some misconception but the postmortem examination report does not corroborate even with the same as there are injuries on the body of the deceased and the cause of death is smothering due to antemortem injuries. It is argued that the applicant is involved.
After having heard the learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report. There are two eye-witnesses in the matter who have seen the accused persons including the applicant involved in assaulting the deceased Azim and even by their act, he died because of smothering. The case is of the death of the deceased in the house of the applicant. There is no plausible and convincing explanation as to how both the deceased died.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
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 :- 29.10.2021 AS Rathore (Samit Gopal,J.)