Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24483 of 2021 Applicant :- Nizam Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit, filed by learned counsel for the applicant, is taken on record.
Heard Shri Anil Kumar Srivatava, learned Senior Counsel assisted by Shri Amir Khan, learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No. 101 of 2019, under Sections 302, 504 IPC, P.S. Shivkuti, District Allahabad (Prayagraj) with the prayer to enlarge him on bail.
It has been argued by learned Senior Counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first informant is not an eye witness of alleged incident and that similarly presence of another eye witness, namely, Mohd. Hasen, who is aged 10 years, is also not reliable. In this connection, learned Senior Counsel has referred site plan of the spot, wherein no position or location of said eye witnesses has been shown. It was further submitted that even as per prosecution version, alleged incident took place suddenly and initially the dispute has taken place with one Manish Sahu, but said Manish Sahu has been exonerated during investigation. Applicant has no motive at all to cause death of deceased and that he has no enmity at all with deceased. It has also been submitted that as per prosecution version, applicant has fired a bullet from his gun, whereas, at the time of alleged incident, his gun was lying deposited with police due to election. It is further submitted that there is no reliable evidence against the applicant. It has also been submitted that applicant is suffering from heart related disease and high blood pressure. It was further submitted that applicant is languishing in jail since 15.5.2019 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that role of firing on deceased has been attributed to applicant and that the gun used in the incident has also been recovered at his instance.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Nazim Ahmad is hereby rejected.
However, keeping in view of period of incarceration of applicant and facts of the matter, trial court is directed to expedite the trial and to decide the same preferably within a period of one year from the date of filing of certified copy of this order, if there is no legal impediment.
Order Date :- 27.9.2021 Ravi Prakash