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GULZAR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Gulzar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9731 of 2005 [2006] RD-AH 2483 (1 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court no.19

Criminal Misc. Bail Application No. 7858 of 2005

       Siraj Ahmad alias  Sirajul Haq  Vs.  State of U.P.

---

Hon'ble R.K.Rastogi,J

The applicant has applied for  bail  in Case  Crime No. 196 of 2004 ,  under sections 302/452/427 I.P.C, Police Station  Manjhanpur District Kaushambi.

The prosecution  case starts with a F.I.R.  Lodged by Sri Indrajeet Dubey  at  Police Station  Manjhanpur  on 5.12.04 at  7.05 P.M. It is stated therein that Sri Indrajeet Dubey  resides  at  village Nara , Police Station  Manjhanpur  District Kaushambi  and Smt. Asha Devi wife of his  real brother  Banshi Lal  is  Pradhan of the village . Previously  Pradhan of the village  belonged to Muslim  caste  and after  election of  Asha Devi, Siraj Ahmad  and his brother -in-law  Ikrar Ahmad  felt aggrieved, and they in collusion with   the son of  Ahmad  had committed murder  of the informant's  brother  Heera Lal  on 31.3.2004. On 5.12.04 the applicant's brother  Banshi Lal   accompanied by  Masir Ahmad  had  gone to the  house of  Masir Ahmad  on a Motor Cycle  at 5.45 P.M. He had parked  his Motor Cycle  in front of  the  house of Masir Ahmad    and he was talking  to   his  neighbour  Sabul. At that time    Siraj Ahmad and Ikrar Ahmad  reached  there and started  to talk  to  his brother Banshi Lal . Thereafter they went towards  graveyard and  they took out  pistol  and  then  Masir shouted asking Banshi Lal to protect himself . Then Banshi Lal entered the house of  Masir Ahmad  and closed the door from inside. Masir ran towards  the village crying for help and  on hearing  cries  Indrajeet   Dubey and  his  nephew Brajnandan reached there where  Siraj Ahmad and  Ikrar Ahmad  after breaking open the  door  of the house of  Masir Ahmad  committed   murder of   Banshi Lal  and thereafter they ran away  towards graveyard. This incident was  witnessed  by  Maseer Ahmad   and his wife  and son  Juber  Ahmad. Indrajeet Dubey  took the  body  of  Banshi Lal  to his  house for treatment  but he  had already died  and then he ( Indra Jeet )went to the police station and  lodged the  report. On the  basis of this report  the police  registered  the   case   against the accused persons and started investigation.

The applicant  has alleged   that he is  innocent  and he has falsely been implicated  in this case . Learned counsel for the applicant submits that  the  prosecution story is  highly improbable . He contended that , according to the  prosecution version,  the F.I.R. was lodged  at 7. 05 P.M.  and  thereafter   entry was made in the  G.D.  and  the statement of the informant was recorded  and then  proceeding of inquest was started at 8 P.M. It was  further  contended that  the distance of  police station  from the  place of occurrence is 12 Kms. and it was humanly  impossible  to reach  that place within a period of  one  hour  doing the aforesaid work. He again submitted that it  again appears  improbable  that  when the informant came to know  that Banshi Lal  had been  murdered at the house of  Masir  Ahmad , he took  his brother  to his own house for treatment   because there was no question of providing  any  treatment  after he had  died. He also submitted that  there are  three fire arm injuries as per the  postmortem  report , but there are  only  two assailants. He also submitted that   the applicant was  at Mumbai  on the date of incident  and  was under the treatment of  a Doctor at Mumbai. He has filed   photostat copy of the Railway ticket which goes to show that the ticket was booked  for journey on 12.12.04 from Mumbai to Allahabad   by Bombay  Calcutta Mail and this reservation was made on 10.12.04. A copy of  the medical certificate  has been filed  to show that  Mr. Sirajul Haq  was  under  treatment  of   Dr.  Satish   G. Desai  at Mumbai  from 3.12.04 to 10.12.04.

Learned  A.G.A. opposed  the  bail application . He submitted that  in this case  the accused  had committed  murder of  Banshi Lal   on 5.12.04 at 5.45 P.M.  and  there are  eye witness of the incident as stated  in the F.I.R.  who had seen  the  accused firing  at the deceased,  and the  evidence  of  alibi  submitted by the accused  requires proof  and so no  reliance  should be  placed on  this evidence  at this stage. He further submitted  that , according to the  site plan ,  blood  was found  in the house  of Masir Ahmad  by the I.O. and this fact of  recovery of  blood   from  his house  supports the prosecution   version  and the informant   who might have  thought  that he could save  the life of his  brother,  carried  his  body  for treatment. He submitted that  the  applicant  has committed    murder  of the  deceased in a pre-planned  and cold blooded manner when he had been released on bail in the murder case of Hira Lal ( brother of the deceased )and,  therefore , he does not deserve bail.

Without expressing any opinion on the merits of the case , I am of the   view that  the applicant does not deserve bail. The application is  rejected. However, the lower court  shall try  to conclude  the trial expeditiously preferably within a period of six months from the date of receipt of a certified copy of this order  and if   trial is not concluded  within the aforesaid period  for no  fault of  the accused , the applicant would be at liberty to move  a fresh  bail application .

1.2.2006

MLK


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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