High Court
Case Details
Neutral Citation No. - 2023:AHC:109878 Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12344 of 2023 Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
Legal Reasoning
1. Heard Sri Ehtesham Afsar Khan, learned counsel for applicant, Sri Paritosh Malviya, learned A.G.A.I and perused the records. 2. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Sessions Trial No.1078 of 2022 arising out of Case Crime No.239 of 2022, under Section 302 I.P.C., Police Station- Quila, District-Bareilly after rejection of his Bail Application vide order dated 17.2.2023 passed by learned Additional Sessions Judge, Court No.1, Bareilly. 3. According to prosecution story, one Shakeera while doing cleaning of 'Godown' of her house on 19.7.2022, smelled a bad odour and found a skeleton. She immediately called police. Panchnama was conducted on the same day and postmortem was also conducted. However, since dead body was in skeleton shape, cause of death could not be determined. Dead body was identified by deceased's brother and sister. 4.Learned counsel for the applicant submitted that only skeleton remained, therefore, occurrence must have taken place at least a month or two. However, relatives of deceased have not lodged any missing report and explanation was given that deceased was a person who remained outside for a long period. 5. Learned counsel further submitted that after more than a month on 23.8.2022, brother of deceased lodged an F.I.R., wherein applicant a neighbour, resident of small area was suspected and after about two months, two witnesses of last seen came forward that they have seen the applicant along with deceased at the tea shop, but time, date or even month was not disclosed. 6. Learned counsel further submitted that except this evidence, no other evidence has been collected during investigation which could connect applicant with crime. Even no motive has been assigned to the applicant to commit crime. It has not been denied that applicant is the resident of same area and was well acquainted with the deceased. Later on, a brick was allegedly recovered on the pointing out of the applicant. 7. There is a CDR also in the form of evidence, but there is an explanation that deceased and applicant were residents of same area and it is very possible that normally they may have same location being covered by a single tower. 8. Learned counsel lastly submitted that applicant is languishing in jail since 24.8.2022, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial. 9. Learned A.G.A.I has tried to oppose the bail, but he was not able to refute the aforesaid submissions made on behalf of applicant in regard to weak piece of evidence collected during investigation, i.e. a confessional statement of applicant which is not admissible. 10. In the present case, it appears that deceased was missing for certain time, but no missing report was lodged by any of his relatives. 11. On 19.7.2022, body of deceased was found in a skeleton shape, therefore, cause of death and date of occurrence also could not be ascertained. F.I.R. was lodged only on the basis of suspicion that applicant was involved in the crime. 12. There is a substance in the argument of learned counsel for the applicant that evidence collected during investigation is only of two last seen witnesses who have not been able to disclose the time, date or month when allegedly applicant was seen along with deceased and that no motive whatsoever has been assigned to the applicant to commit crime. 13. So far as other evidence is concerned, i.e. confessional statement of of applicant which is a very weak piece of evidence, therefore, circumstances of present case are not connected with each other to complete a chain which could connect direct involvement of applicant in the crime, therefore, applicant who is in jail since 24.8.2022, has made out a case for bail. 14. Let the applicant-Sajid, 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:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice. 15. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 16. The bail application is allowed. 17. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 19.5.2023 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad