Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26311 of 2021 Applicant :- Zakir Quraishi @ Munna Opposite Party :- State of U.P.
Counsel for Applicant :- Kartikeya Saran,Bakhteyar Yusuf Counsel for Opposite Party :- G.A.,Bharat Bhushan Paul,Rajendra Prasad Tiwari,Saurabh Paul,Vinay Kumar Tiwari
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in case crime no. 521 of 2020, under Section 302/34 of IPC, P.S. Kotwali, District Jhansi, with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Learned counsel has referred supplementary statement of first informant and other witnesses and submitted that it appears that firing at deceased was made by co-accused Zahid @ Pappu Quraishi only and not by the applicant. In this connection, learned counsel has also referred the contents of an interview made by the first informant to 'Live India News' and the contents of said interview are part of case diary and therein, first informant has stated that the bullets at the deceased were fired by co-accused Zahid @ Pappu Quraishi. In that interview, the first informant has not made any such allegation that applicant might have fired any bullet at deceased. The statement of co-accused Zahid @ Pappu Quraishi was also referred, wherein he has stated that he has fired at deceased with the licensed pistol of his younger brother. Learned counsel has also referred the statement of Zakir Quraishi, Maqsood Khan, Shoaib Quraishi, Naushad Quraishi and submitted that they are neighbours of applicant and deceased and after hearing the sound of firing when they reached there, the deceased was lying injured and they have also stated that co-accused Rubeena and Shaqir Hussain were falsely named in the FIR. It was pointed out that co-accused Rubina, Shaqir were named in the FIR but during investigation, their involvement was found false and they were exonerated and this fact further falsifies the prosecution version. Learned counsel submitted that while trying to find out the truth of the incident, the Investigating officer has noted in the case diary dated 09.02.2021 that when he inquired from local people, several persons have told him that it was co-accused Zahid @ Pappu Quraishi, who has opened fire upon deceased but those persons have refused to disclose their names and addresses. So far recovery of pistol from applicant is concerned, it was a licensed pistol and thus, the said recovery cannot be considered as an incriminating fact. In fact, both the parties belong to same extended family and there was property dispute between them, as about two years back, a plot was sold and a huge amount of consideration was received by the deceased for equal distribution among all the co-owners and on that account, a quarrel has taken place and that applicant was falsely implicated due to that reason. Lastly, it was submitted that the applicant is languishing in jail since 25.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the first information report, and it was alleged that applicant and co-accused Zahid @ Pappu Quraishi have fired at deceased. As per postmortem report of deceased, three wounds of entry of firearm and two wounds of exit of firearm, have been shown on the body of deceased. During investigation, first informant and witness Fahim Quraishi have clearly stated that applicant and co-accused Zahid @ Pappu Quraishi have fired at deceased.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant Zakir Quraishi @ Munna is hereby rejected.
Order Date :- 7.10.2021 A. Tripathi