High Court · 2025

1. Heard Ms. Prashansha Singh, learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. for the State and Sri Ramakar Shukla, learned counsel for the informant.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 22.8.2024 in Case Crime No. 0296 of 2018, u/s 302, 506, 34 IPC, P.S. Kotwali Nagar, District Sultanpur. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Attention has been drawn towards the impugned F.I.R. wherein the allegation of murder has been levelled against four accused persons including the present applicant. However, during the course of investigation no incriminating material against the present applicant suggesting that he was also involved in the offence in question has been found, therefore, no charge-sheet has been filed against him u/s 302 IPC. Against the present applicant charge-sheet has been filed u/s 30 of the Arms Act. However, learned trial court, after perusing the material framed charge against the present applicant u/s 302 IPC. Learned counsel has drawn attention of this Court towards Annexure no. 3 which is Call Detail Record (CDR) of the phone number of the present applicant. Further, Annexure no. 7 is the CDR of Rais. The location of both the aforesaid persons have been found at Sultanpur not at the place of incident.

4. It has further been submitted that in the present case all fact / relevant witnesses have been examined, therefore, if the present applicant is released on bail he may not influence any witness or evidence. There is one criminal history of the applicant which has been explained in para 16 of the bail application. That criminal history is related to sections 419, 420, 467, 468, 471 IPC.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Sri Ramakar Shukla as well as learned A.G.A. opposed the prayer for bail and have submitted that as per the evidence of the Rais recorded during the trial the complicity of the present applicant has surfaced. The other witnesses have also suggested that the present applicant has committed crime.

7. Replying the aforesaid contention Ms. Singh has drawn attention of towards Annexure no. 5 which is the statement of Adil s/o present applicant who has confessed his guilt by submitting that though he was not willing to fire upon the deceased but due to anxiety he fired upon the deceased, resultant thereof he died. Therefore, Ms. Singh has stated that when the guilt has been confessed by the son of the applicant then he may be released on bail.

8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the allegation of murder has been levelled against four accused persons including the present applicant but during the course of investigation no incriminating material against the present applicant suggesting that he was also involved in the offence in question has been found, as per CDR the location of the applicant has been found at Sultanpur not at the place of incident, Adil s/o present applicant has confessed his guilt by submitting that though he was not willing to fire upon the deceased but due to anxiety he fired upon the deceased, all fact / relevant witnesses have been examined, therefore, if the present applicant is released on bail he may not influence any witness or evidence and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

9. Bail application is allowed.

10. Let the applicant Abdul Wadood Khan, involved in aforesaid case crime be released on bail on his 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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 the 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. . Order Date :- 5.2.2025/Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Ms. Prashansha Singh, learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. for the State and Sri Ramakar Shukla, learned counsel for the informant.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 22.8.2024 in Case Crime No. 0296 of 2018, u/s 302, 506, 34 IPC, P.S. Kotwali Nagar, District Sultanpur. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Attention has been drawn towards the impugned F.I.R. wherein the allegation of murder has been levelled against four accused persons including the present applicant. However, during the course of investigation no incriminating material against the present applicant suggesting that he was also involved in the offence in question has been found, therefore, no charge-sheet has been filed against him u/s 302 IPC. Against the present applicant charge-sheet has been filed u/s 30 of the Arms Act. However, learned trial court, after perusing the material framed charge against the present applicant u/s 302 IPC. Learned counsel has drawn attention of this Court towards Annexure no. 3 which is Call Detail Record (CDR) of the phone number of the present applicant. Further, Annexure no. 7 is the CDR of Rais. The location of both the aforesaid persons have been found at Sultanpur not at the place of incident.

4. It has further been submitted that in the present case all fact / relevant witnesses have been examined, therefore, if the present applicant is released on bail he may not influence any witness or evidence. There is one criminal history of the applicant which has been explained in para 16 of the bail application. That criminal history is related to sections 419, 420, 467, 468, 471 IPC.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Sri Ramakar Shukla as well as learned A.G.A. opposed the prayer for bail and have submitted that as per the evidence of the Rais recorded during the trial the complicity of the present applicant has surfaced. The other witnesses have also suggested that the present applicant has committed crime.

7. Replying the aforesaid contention Ms. Singh has drawn attention of towards Annexure no. 5 which is the statement of Adil s/o present applicant who has confessed his guilt by submitting that though he was not willing to fire upon the deceased but due to anxiety he fired upon the deceased, resultant thereof he died. Therefore, Ms. Singh has stated that when the guilt has been confessed by the son of the applicant then he may be released on bail.

8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the allegation of murder has been levelled against four accused persons including the present applicant but during the course of investigation no incriminating material against the present applicant suggesting that he was also involved in the offence in question has been found, as per CDR the location of the applicant has been found at Sultanpur not at the place of incident, Adil s/o present applicant has confessed his guilt by submitting that though he was not willing to fire upon the deceased but due to anxiety he fired upon the deceased, all fact / relevant witnesses have been examined, therefore, if the present applicant is released on bail he may not influence any witness or evidence and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

9. Bail application is allowed.

10. Let the applicant Abdul Wadood Khan, involved in aforesaid case crime be released on bail on his 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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 the 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. . Order Date :- 5.2.2025/Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench