Uttarakhand High Court
Rafi Alias Rafia Alias Guddu vs State Of Uttarakhand on 11 November, 2016
Author: U.C.Dhyani
Bench: U.C.Dhyani
BA1 No. 825 of 2016 U.C.Dhyani, J.
Mr. J. S. Virk, Advocate, present for the applicant. Mr. P. S. Saun, Deputy Advocate General assisted by Mr. S. S. Adhikari and Ms. Mamta Joshi, Brief Holders present for the State/respondent.
Applicant Rafi @ Rafia @ Guddu seeks bail in connection with Case Crime No. 348 of 2009 (Sessions Trial No. 246 of 2014), under Sections 302, 201, 120-B of IPC, Police Station Kotwali Roorkee, District Haridwar.
Heard learned counsel for the parties, considered the grounds taken up in the bail application.
An FIR was lodged against unknown accused on 08.08.2009, in police station, Roorkee, for the offence punishable under Section 302 IPC, in relation to an incident which took place in the intervening night of 7th / 8th of August 2009, alleging therein that some unknown assailants killed an unknown woman, aged 40 years and unknown boy, aged 10 years.
Whereas, learned Dy. Advocate General has opposed the bail on the ground, inter lia, that the bail application of co-accused Imam Raza Naqvi has been dismissed by this Court as well as by Hon'ble Apex Court, it is the statement of learned counsel of the applicant that similarly placed co-accused Hafiz Mustakeem has been enlarged on bail by the coordinate Bench of this Court vide order dated 18.11.2011 & co-accused Azam @ Azim @ Mohd Ikrar has been enlarged on bail by this court vide order dated 10.03.2015. It is the submission of learned counsel for the applicant that the same evidence which is available against Hafiz Mustaqeem and Azam @ Azim @ Mohd Ikrar are available against the present applicant, who is in judicial detention for the last more than two years since 14.05.2014. The name of present applicant came to the fore when statement of co- accused Hafiz Muystaqeem was recorded under Section 161 Cr.P.C. The name of Hafiz Mustaqeem came to the fore in the statement of Imam Raja Naqvi recorded under Section 161 Cr.P.C.
It is also the submission of learned counsel for the applicant that case of present applicant is entirely different from the case of Imam Raza Naqvi.
It would not have been a case of bail, but only for the reason that co-accused Hafiz Mustaqeem, with similar role, has been granted bail by the coordinate Bench of this Court on 18.11.2011, another co-accused Azam has also been granted bail by this Court and the applicant is in judicial detention for the last more than two years i.e. since 14.05.2014.
Considering the entire conspectus of things, this Court is of the opinion that the applicant should be granted bail.
Bail application is allowed. Let the applicant be enlarged on bail on his executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of the concerned.
If at any point of time, it is found that the applicant is misusing the bail, learned court below shall be at liberty to cancel his bail in accordance with law.
(U.C.Dhyani, J.) 11.11.2016 Balwant