Aas Mohammad v. State of U.P

Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45499 of 2023 Applicant :- Aas Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present second bail application has been filed on behalf of applicant in Case Crime No. 229 of 2021, under Sections-498A, 304B, 323, 504 of IPC and Section-3/4 Dowry Prohibition Act, Police Station-Daurala, District-Meerut, with the prayer to enlarge the applicant on bail. First bail application was rejected by this Court vide order dated 11.04.2023 in Criminal Misc. Bail Application No.10787 of 2023.

¶3It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant has submitted that after rejection of the bail of applicant, co-accused Ahsani, who has been named in the F.I.R., has been granted bail by this Court vide order dated 12.10.2023 in Criminal Misc. Bail Application No.39902 of 2023. The statements of P.W.1/informant-Sarfaraz and P.W.2/brother of the informant-Sartaj were recorded and they have not supported the version of the prosecution and was declared hostile. On the basis of above facts and version, it is submitted that as of now there is no evidence against the applicant that he has committed murder of his wife, Shahjahan. The applicant is languishing in jail since 20.01.2023 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶4Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

¶5I have heard learned counsel for the parties and perused the record.

¶6In Union of India Vs. K.A. Najeeb (2021) 3 SCC 713, the Hon'ble Apex Court has observed that:- "15. This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee v. Union of India S.C.C. para-15 it was held that under trials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, the Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."

¶7Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Aas Mohammad in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

(1) The applicant will not tamper with the prosecution evidence during the trial.

(2) The applicant will not influence any witness.

(3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

(4) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

¶9In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail. Order Date :- 28.11.2023 Saif High Court of Judicature at Allahabad