High Court
Case Details
Neutral Citation No. - 2025:AHC:38163 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29810 of 2024 Applicant :- Siraj Ahmad And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Abou Sofian Usmani,Mohd. Jamshed Khan,Rizwan Ahamad,Sachin Kanaujiya Counsel for Opposite Party :- Ashutosh Mishra,G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
1. Heard Sri Abou Sofian Usmani, learned counsel for the applicant, Sri Dev Vrat Mishra, Advocate holding brief of Sri Ashutosh Mishra, learned counsel for the informant and Sri Manav Chaurasiya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.134 of 2020, under Sections 34, 120-B, 201, 302 IPC, Police Station Shivkuti, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicants submits that however, it is the case of double murder and deceased were uncle and aunty of the applicants but on the basis of false allegations, applicants have been made accused in the present matter. 4. He further submits that it is the case of circumstantial evidence and only evidence against the applicants is that they were last seen along with one of the deceased Irfan and from their possession, adhar card of the deceased Irfan was recovered and on the pointing out of the applicants and co-accused Rizwan, dead body of one of the deceased was recovered. 5. He further submits, however, entire recovery and evidence of last seen is false and baseless but even if the recovery is accepted then also at this stage, it cannot be said that applicants committed the alleged murders. 6. He further submits that co-accused Rizwan @ Mahfooz Ahmad has already been released on bail by the coordinate Bench of this Court and his bail order has been annexed at page 116 of the paper book. 7. He further submits in the present matter, applicants are in jail since 04.06.2020 i.e. for last more than four and half years and till date trial could not be concluded. 8. He further submits that till date out of 22 witnesses in the charge sheet, only two witnesses could be examined and cross-examination of PW-3 is still under progress. 9. He next submits that trial of the case is moving with languid pace and there is no hope of its early disposal. 10. He further submits, the law is settled the right of speedy trial is the fundamental right of an accused and on its violation even in serious cases, he can be released on bail. 11. He further submits, considering the facts that applicants are in jail for more than four and half years, it cannot be said that their fundamental right of the speedy trial, have not been infringed. He placed reliance upon the judgment of the Apex Court passed in the case of Tapas Kumar Palit Vs. State of Chhattisgarh Criminal Appeal No. 738 of 2025 arising out of SLP (Criminal) No.15971 of 2024 decided on 14.02.2025). 12. He further submits, therefore, considering the totality of the facts and circumstances of the case, applicants should be released on bail. 13. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit, it is the case of double murder but could not dispute the facts that entire case is based on circumstantial evidence and applicants are in jail for last more than four and half years and till date out of 22 witnesses in the charge sheet, only two witnesses could be examined. They further could not dispute the fact that co-accused Rizwan @ Mahfooz Ahmad has already been released on bail by coordinate Bench of this Court. 14. I have heard learned counsel for the parties and perused the record of the case. 15. However, as per allegation, applicants committed murders of their uncle and aunty but it is a case of circumstantial evidence and there is no direct evidence. 16. However, as per prosecution on the joint pointing out of applicants and co-accused Rizwan dead body of one of the co-accused are recovered but co-accused Rizwan has been released on bail by coordinate Bench of this Court. 17. Further, as per allegation from the possession of applicants Adhar card of one of the deceased was recovered but merely on this basis it cannot be said that applicants committed the instant crime. 18. Further, in the present matter, applicants are in jail for last more than four and half years and till date trial of the case could not be concluded and it appears that till date out of 22 prosecution witnesses in the charge sheet, only two witnesses could be examined and cross-examination of PW- 3 is still pending. Therefore, it appears, trial of this case is moving with languid pace and there is no hope of its early disposal. 19. Further, considering the fact that applicants are in jail since last more than four and half years, it cannot be said that their fundamental right of speedy trial has not been infringed. 20. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 21. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 22. Let the applicants -Siraj Ahmad, Meraj Ahmad and Farhad Ahmad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence are exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade their from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti- social activity. 23. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 24. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.3.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad