Allahabad High Court
Mohd. Ashraf @ Khalid Azeem vs State Of U.P. on 2 March, 2023
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 87 Case :- Criminal Misc. Bail Application No.37194 of 2021 Applicant :- Mohd. Ashraf @ Khalid Azeem Opposite Party :- State of U.P. Counsel for Applicant :- Sharique Ahmed, Rajrshi Gupta, Sr. Advocate Counsel for Opposite Party :- G.A., Archana Hans Hon'ble Dinesh Kumar Singh,J.
1. Heard S/Sri Dileep Kumar and Sagir Ahmed, learned Senior Advocates, assisted by S/Sri Sharique Ahmed and Rajrshi Gupta for the accused-applicant as well as Sri Mahesh Chand Chaturvedi, learned Additional Advocate General, assisted by Sri Ratnendu Kumar Singh, learned AGA and perused the record.
2. The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.634 of 2015, under Sections 147, 148, 149, 302, 120-B and 504 IPC, Police Station Dhoomanganj, District Allahabad.
3. As per the allegations in the FIR, that on 25.9.2015 at 8.30 PM the complainant Mohd. Abid was going on a Fortuner Car to the Village of Surjeet, Driver, and as soon as he reached near culvert situate at Madarsa, seven named accused in the FIR, because of old enmity, started firing at the vehicle of the complainant and as a result of firing, two persons were killed.
4. The accused-applicant was not named in the FIR. Charge sheet was filed against the named accused. However, in further investigation, name of the accused-applicant and thirteen other accused came to the light for committing the gruesome murder of two persons in a dare devil and gruesome manner.
5. The post-mortem reports of the deceased would disclose multiple fire arm injuries on them. The accused-applicant is the real brother of the dreaded criminal, gangster and Bahubali, Atique Ahmad, who has to his credit more than hundred cases registered for committing the heinous offences. The accused-applicant is not only the brother of the dreaded criminal and bahubali, but he himself is a hardened criminal and gangster. The accused-applicant has criminal history of the following cases:-
"1. Case Crime No.420 of 2002, under Sections 307 and 120-B IPC, Police Station Dhoomanganj, District Allahabad;
2. Case Crime No.156 of 2002, under Section 307 IPC, Police Station Kareli, District Allahabad;
3. Case Crime No.263 of 2002, under Sections 147, 336, 427 and 120-B IPC, Section 7 Criminal Law Amendment Act and Section 3 of Public Property Damage Act, Police Station Kareli/Civil Lines, District Allahabad;
4. Case Crime No.267 of 2002, under Sections 147, 336, 427 and 120-B IPC and Section 7 Criminal Law Amendment Act, Police Station Civil Lines, District Allahabad;
5. Case Crime No.136 of 2003, under Sections 302 and 120-B IPC, Police Station Khuldabad, District Allahabad;
6. Case Crime No.34 of 2003, under Sections 302, 307 and 120-B IPC, Police Station Dhoomanganj, District Allahabad;
7. Case Crime No.34 of 2005, under Sections 307, 302 and 120-B IPC, Police Station Dhoomanganj, District Allahabad;
8. Case Crime No.154 of 2005, under Section 427 IPC, Police Station Dhoomanganj, District Allahabad;
9. Case Crime No.62 of 2002, under Sections 147, 148, 149, 395, 447, 448, 427, 120-B and 34 IPC and Section 7 Criminal Law Amendment Act, Police Station Shahganj, District Allahabad;
10. Case Crime No.67 of 2007, under Sections 420 and 120-B IPC, Police Station Shahganj, District Allahabad;
11. Case Crime No.99 of 2007, under Section 174A IPC, Police Station Shahganj, District Allahabad j;
12. Case Crime No.368 of 2007, under Section 174A IPC, Police Station Shahganj, District Allahabad;
13. Case Crime No.270 of 2007, under Sections 364 and 120-B IPC, Police Station Dhoomanganj, District Allahabad;
14. Case Crime No.419 of 2007, under Section 2/3 Gangster Act, Police Station Dhoomanganj, District Allahabad;
15. Case Crime No.217 of 2011, under Section 30 Arms Act, Police Station Dhoomanganj, District Allahabad ;
16. Case Crime No.634 of 2015, under Sections 147, 148, 149, 302 and 120-B IPC, Police Station Dhoomanganj, District Allahabad;
17. Case Crime No.135 of 2016, under Sections 147, 148, 149, 307, 506 and 120-B IPC and Section 3/25 Arms Act, Police Station Dhoomanganj, District Allahabad;
18. Case Crime No.392 of 2016, under Sections 147, 148, 149, 302, 506 and 120-B IPC, Police Station Dhoomanganj, District Allahabad;
19. Case Crime No.488 of 2016, under Sections 452, 323 and 427 IPC, Police Station Dhoomanganj, District Allahabad;
20. Case Crime No.1244 of 2017, under Sections 384, 342 and 506 IPC, Police Station Dhoomanganj, District Allahabad;
21. Case Crime No.1396 of 2017, under Section 174A IPC, Police Station Dhoomanganj, District Allahabad;
22. Case Crime No.1281 of 2017, under Section 174A IPC, Police Station Dhoomanganj, District Allahabad;
23. Case Crime No.1387 of 2017, under Section 174A IPC, Police Station Dhoomanganj, District Allahabad;
24. Case Crime No.1500 of 2018, under Sections 147, 504 and 506 IPC, Police Station Dhoomanganj, District Allahabad;
25. Case Crime No.1367 of 2018, under Section 2/3 U.P. Gangster Act, Police Station Dhoomanganj, District Allahabad;
26. Case Crime No.610 of 2020, under Section 3/5 Arms Act, Police Station Dhoomanganj, District Prayagraj;
27. Case Crime No.01 of 2020, under Section 174A IPC, Police Station Dhoomanganj, District Prayagraj;
28. Case Crime No.476 of 2020, under Section 27 Arms Act, Police Station Dhoomanganj, District Prayagraj;
29. Case Crime No.06 of 1992, under Sections 147, 148, 149, 364, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Muttiganj, District Allahabad;
30. Case Crime No.537 of 2017, under Sections 147, 148, 149, 341, 323, 504 and 506 IPC, Police Station Karnailganj, District Allahabad;
31. Case Crime No.266 of 2002, under Section 2/3 U.P. Gangster Act, Police Station Kotwali, District Allahabad;
32. Case Crime No.27 of 2001, under Sections 147, 148, 149, 352, 386, 504, 506, 323, 365 and 120-B IPC, Section 3(1)(1)) SC/ST Act, and Section 2/3 U.P. Gangster Act, Police Station Shahganj, District Allahabad;
33. Case Crime No.129 of 2007, under Sections 419, 420, 467, 468 IPC, Police Station Kareli, District Allahabad;
34. Case Crime No.41 of 1996, under Sections 302, 201 and 218 IPC, Police Station Civil Lines, District Allahabad;
35. Case Crime No.264 of 2002, under Sections 147, 427 and 120-B IPC and Section 7 Criminal Law Amendment Act, Police Station Civil Lines, District Allahabad;
36. Case Crime No.297 of 1997, under Section 3 U.P. Goonda Act, Police Station Khuldabad, District Allahabad;
37. Case Crime No.223 of 2002, under Section 3 U.P. Goonda Act, Police Station Khuldabad, District Allahabad;
38. Case Crime No.251 of 2002, under Sections 147, 148, 149, 307, 302, 506, 34 and 120-B IPC, Police Station Khuldabad, District Allahabad;
39. Case Crime No.25 of 2003, under Sections 342, 504, 506, 384, 447, 448 IPC and Section 2/3 U.P. Gangster Act, Police Station Khuldabad, District Allahabad;
40. Case Crime No.290 of 2007, under Section 3(1) U.P. Goonda Act, Police Station Khuldabad, District Allahabad;
41. Case Crime No.62 of 2007, under Sections 147, 148, 149, 395, 447, 448, 506, 427, 34 and 120-B IPC and Section Criminal Law Amendment Act, Police Station Shahganj, District Allahabad;
42. Case Crime No.96 of 2002, under Sections 147, 148, 149, 427 and 120-B IPC, Police Station Shahganj, District Allahabad;
43. Case Crime No.743 of 2017, under Section 3(2) U.P. Goonda Act, Police Station Dhoomanganj, District Allahabad;
44. Case Crime No.1141 of 2004, under Sections 147, 148, 149, 307, 427 IPC, Police Station Dhoomanganj, District Allahabad;
45. Case Crime No.356 of 2007, under Sections 447, 448, 451 and 427 IPC, Police Station Dhoomanganj, District Allahabad;
46. Case Crime No.241 of 2008, under Sections 110G Cr.P.C., Police Station Dhoomanganj, District Allahabad;
47. Case Crime No.833 of 2017, under Sections 147, 148, 149, 447, 448, 341, 323, 504, 506, 34 IPC, Section & CLA Act and Section 3(2)(5) SC/ST Act, Police Station Dhoomanganj, District Allahabad;
48. Case Crime No.69 of 2020, under Section 174A IPC, Police Station Dhoomanganj, District Allahabad;
49. Case Crime No.13 of 1996, under Section 25 Arms Act, Police Station Kotwali, District Allahabad;
50. Case Crime No.134 of 1996, under Section 25/30 Arms Act, Police Station Unchahar, District Raebareli; and
51. Case Crime No.194 of 2007, under Sections 147, 148, 149, 364, 323, 504 and 506 IPC, Police Station Puramufti, District Kaushambi."
6. Very recently, the accused-applicant has been named in anther heinous offence of murder of Umesh Pal, the main witness in the murder of case of Raju Pal, a sitting Member of Legislative Assembly. Umesh Pal and two police security personnel have been killed in broad day light allegedly in criminal conspiracy of the present accused-applicant and his brother near his house by firing multiple gun shots on Umesh Pal and his two security personnel. In respect of the murder of the star witness and his two security officers, an FIR has been registered on 25.2.2023 bearing No.0114 of 2023, under Sections 147, 148, 149, 302, 307, 506, 34 and 120-B IPC, Section 3 of the Explosive Substances Act and Section 7 Criminal Law Amendment Act at Police Station Dhoomanganj, District Prayagraj against the accused-applicant and other accused.
7. Preeti Devi, wife of the deceased Surjeet who got killed in the offence, filed Criminal Misc. Writ Petition No.9674 of 017 before this Court and this Court vide order dated 30.5.2017 disposed of the said petition with direction to the State authorities to take all suitable steps for proper, free and fair investigation of the offence.
8. During investigation, from the statements of the witnesses, Ebne Ahmad, Israr Ahmad and eye witness Aftab Jumma, Afzal and other evidence collected, name of the accused-applicant came to the light along with other accused persons. The allegation against the accused-applicant is of hatching criminal conspiracy for committing the murder of two innocent persons. In the statement of the witnesses, Munnu, Jalru Hasan they had said that the accused-applicant was involved in conspiracy for committing the crime.
9. In the supplementary charge sheet filed under Section 173(8) Cr.P.C., the conclusion was arrived that the named accused persons have not committed the crime in question and the persons named in the supplementary charge sheet had committed the offence. It is further stated that brother of the accused-applicant, Mafia Don Atique Ahmad with an intention to give undue benefit in the Village Panchayat election to co-accused Abid could succeed to lodge the FIR against his rivals namely, Intekhan and others. It is the accused-applicant and his brother who hatched criminal conspiracy for committing the crime in question.
10. The accused-applicant absconded and after completing the proceedings under Section 82/83 Cr.P.C., charge sheet was filed. The accused-applicant had absconded himself for a long period of time and a reward of Rs.50,000/- was announced on his arrest. However, even after reward of Rs.50,000/-, he could not be arrested and the reward on the arrest of the accused-applicant was enhanced to Rs.1,00,000/-.
11. The criminal history of the accused-applicant would disclose that on seven occasions, the order under Section 174-A IPC was passed and his freedom would jeopardised the lives and properties of the witnesses and would be a peril to the law abiding and peace loving citizens. The long, inglorious and rich criminal history of the accused-applicant would suggest that he had committed another offence after he has come out of jail in previous offence. The offences allegedly committed by him are very serious and, therefore, such a person can not be enlarged on bail on the ground of parity. Even otherwise, the parity is not an absolute ground to enlarge a criminal on bail, who is having more than fifty cases of heinous offences to his credit.
12. It is well settled law that while considering the bail application of an accused, nature and gravity of offence, accusations, his criminal antecedents, societal impact of the crime, evidence and material available against the accused are to be considered.
13. Having considered all the relevant factors and the criminal history, I am of the view that the accused-applicant is not entitled to be enlarged on bail.
14. Bail application is accordingly rejected.
( Dinesh Kumar Singh, J.) Order Date: 2.3.2023 Rao/-