High Court
Case Details
Neutral Citation No. - 2025:AHC:135720 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30022 of 2022
Legal Reasoning
Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava,Vijay Pratap Singh Counsel for Opposite Party :- G.A.,Rohit Nandan Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ajay Kumar Pandey, learned counsel for the applicant, Sri Rohit Nandan Pandey, learned counsel for the first informant, Sri Sri Ajay Singh, learned A.G.A.-I for the State and perused the record. 3. This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Imran, seeking enlargement on bail during trial in connection with Case Crime No. 453 of 2020, under Sections 302, 201, 404, 34 IPC, registered at P.S. Phase-2 Noida, District- Gautam Budh Nagar. 4. The first bail application of the applicant being Criminal Misc. Bail Application No.37842 of 2021 was dismissed in non prosecution vide order dated 19.4.2022 by this Court. 5. The F.I.R. of the matter was lodged on 03.08.2020 by Idrish against the applicant, Raju, Hazi Ikramuddin and Sabeer alleging therein that his younger brother Nawabuddin @ Babloo was living with his family in Noida. On 29.7.2020 at about 4:00 p.m. he was in his house wherein the accused persons came and called him and took him with them. When they were taking his brother with them he inquired from him as to where he is going on which he told him that he is doing work of scrap in partnership with them and he is going to see scrap material. His brother went on his motorcycle numbered as DL3SCS3370 from the house along with four accused persons and stated to return after sometime. He then from the said date till 02.08.2020 searched his brother at many places but could not find him. On 02.08.2020 at about 03:00 p.m. he along with his other brothers went to scrap godown. When his brother from 04:00 p.m. to 10:00 p.m. did not reach home then he went to the house of Hazi Ikramuddin and inquired about his brother on which he told him that after completing work of scrap he will come back. But still his brother did not return back till 29.07.2020. On 30.07.2020 in the morning at about 10:00 a.m. he called Imran (the present applicant) on which Imran denied whereabouts of his brother. He went to the house of four accused persons and asked from them but could not get any information. On 01.08.2020 he went to the house of Ikramat about 08:00 p.m. on which his children refused that there is no one in the house but he heard voices from inside and went inside and found Ikram to be there. He then talked to Ikram who stated that his brother would come back to the house by afternoon. He then along with his brothers searched him at the house of relatives and at other places. On 02.08.2020 at about 10:00 a.m. while searching him he went to scrap godown and found a lot flies near gutter/sewer and then on peeping inside he found dead body of his brother lying in gutter. He identified the dead body of his brother from its clothes. He then informed the police. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per prosecution case the deceased was taken away from the house on 29.07.2020 at about 04:00 p.m. and dead body was recovered on 02.08.2020, after which the F.I.R. was lodged on 03.08.2020 and there is nothing on record to show that in between the deceased was in the company of the applicant and the other accused persons. It is submitted that on suspicion co-accused Rahees @ Pahadi was arrested who in his confessional statement named the applicant as one of the assailants along with himself. It is submitted that the prosecution further alleges recovery of motorcycle of the deceased on the pointing out of the applicant and co-accused Sabeer which is concocted and planted recovery. It is submitted that two of the co-accused namely Raju and Hazi Ikramuddin named in the F.I.R. were exonerated by the police who have then been summoned by the trial court under Section 319 Cr.P.C. on the basis of statement of Idrish/P.W.-1. It is submitted that the first informant Idrish/P.W.-1 in his cross-examination has stated that no recovery was effected in his presence and his signature on the said documents was got done at the police station and thus the alleged recovery of the dead body is also a manipulated act. It is submitted while placing third Supplementary Affidavit dated 04.02.2025 that in the trial only two prosecution witnesses have been examined till date, copies of the same have been placed before the Court which is annexure no. S.A.-2 to the said supplementary affidavit. Further while placing Annexure No. S.A.-3 to the said supplementary affidavit it is submitted that Raju, Ikramuddin and Sabeer have been granted bail by different Benches of this Court vide order dated 14.06.2023 passed in Criminal Misc. Bail Application No.26342 of 2023, order dated 13.06.2023 passed in Criminal Misc. Bail Application No.26350 of 2023 and order dated 14.02.2023 passed in Criminal Misc. Bail Application No.11554 of 2021. It is submitted that as per charge sheet there are 28 witnesses to be examined in the trial and thus trial would take a lot of time as only 02 prosecution witnesses have been examined till date. Learned counsel has further placed Fourth Supplementary Affidavit dated 27.04.2025 and while placing para- 3 of the said supplementary affidavit, submitted that the applicant is involved in two other criminal case in which he has been granted bail. It is submitted that the applicant is in jail since 05.8.2020. 7. Per contra, learned counsel for the first informant opposed the prayer for bail and submitted that evidence in the present matter is of taking away of the deceased by the applicant and the other co- accused persons and then decomposed dead body was recovered. It is submitted that evidence of last seen is credible and clinching. 8. Learned A.G.A. has also opposed the prayer for bail and submitted that the applicant is named in the F.I.R. and the allegation against him is of taking away the deceased from the house. It is submitted that the place from where the dead body was recovered, was the place of working of the accused persons. It is further submitted that dead body of the deceased was found to have received three lacerated wounds on it which were cause of death and cause of death was opined as hemorrhage and shock due to ante mortem injury and further time since death was around 4-5 days at the time when post mortem was done which is 03.08.2020 and as such the same corroborates with date and time of the deceased going away from his house. It is submitted that as such chain and circumstances in the matter get linked with each other. It is submitted that motorcycle has been recovered from the pointing out of the applicant and the co-accused Sabeer. It is submitted that the applicant has criminal antecedents also as have been stated in fourth supplementary affidavit. 9. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is named in the F.I.R. The deceased is stated to have been taken away by the applicant and the other co-accused persons on 29.07.2020 at about 04:00 p.m. The dead body was then recovered on 02.08.2020 from gutter/sewer near godown having injuries on it. Post mortem examination was conducted on 03.08.2020 in which time since death was opined to be about 4-5 days which corroborates with the date and time of the accused persons taking away the deceased. The case of the co-accused who have been granted bail stands on different footing with that of the applicant. Motorcycle of the deceased has been recovered on the pointing out of the applicant and co-accused Sabeer. 10. Looking to fact and circumstances of the case, nature of evidence and gravity of offence, I do not find it a fit case to release the applicant on bail. 11. Accordingly, the bail application is rejected. (Samit Gopal,J.) Order Date :- 11.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad