Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23651 of 2021 Applicant :- Samir Alvi Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Naushad Ahmad Khan,Shamimul Hasnain Counsel for Opposite Party :- G.A.,Mayank
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, Mr. Rohit Shukla, holding brief of Mr. Mayank, learned counsel for the informant and learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant, Samir Alvi with a prayer to release him on bail in Case Crime No. 218 of 2020, under Sections 302 and 120-B IPC, police station Mahavan, district Mathura during the pendency of trial.
As per the prosecution case, in brief, informant (mother-in-law of accused, Shiv Shanker Gautam) lodged the first information report on 28.12.2020 in respect of the incident, which took place on 27.12.2020 against her son-in-law-Shiv Shanker Gautam, his brother-Shivam Gautam and one unknown person alleging therein that on 27.12.2020 at about 7.30 A.M. her son (deceased) had gone to fetch milk, but did not return back. Efforts were made to contact him on his mobile phone, but the same was switched off. Later on, she received an information that the dead body of the deceased was lying behind Shri Krishna Inter College, but on her arrival, the body was not there. However, the dead body was found in the mortuary. The F.I.R. further indicates that the informant is confident that her son has been murdered by her son-in-law and his brother along with some other persons.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further argued that the applicant is not named in the F.I.R. His complicity along with co-accused, Rahil came into light in the statements of named accused, Shiv Shanker Gautam and Shivam Gautam. It is next submitted that co-accused, Rahil has been granted bail by the Coordinate Bench of this Court vide order dated 18.6.2021 passed in Criminal Misc. Bail Application No. 22720 of 2021 and the case of the present applicant stands on similar footing, because no one has seen the occurrence and there is no direct evidence against the applicant. There is no motive against the applicant to commit such a crime. There is no recovery of any weapon from the applicant. It is also submitted that the applicant has been implicated in this case on the basis of confessional statements of named accused persons. Later on after arrest of the applicant, his confessional statement was also falsely recorded by the investigating officer, which is not admissible under the Indian Evidence Act. The applicant has no criminal history to his credit and is languishing in jail since 29.12.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. vehemently opposed the bail prayer of the applicant by contending that in the confessional statement of named accused, applicant has been assigned the role of firing on the deceased.
I have considered the submissions of the parties and the fact that the applicant is not named in the F.I.R. There is no material on record to corroborate the motive against the applicant. The complicity of the applicant along with co-accused, Rahil came into light in the confessional statement of named accused and the applicant has no criminal antecedent to his credit. The co-accused, Shivam Gautam and Rahil have already been enlarged on bail by the Coordinate Bench of this Court. There is no recovery of weapon, which is alleged to have been used in the commission of crime.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Samir Alvi be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021 Sumaira Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.13 17:21:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad