Allahabad High Court
Mohammad Moin Qureshi vs State Of U.P. on 28 June, 2022
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25239 of 2022 Applicant :- Mohammad Moin Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Nasira Adil, Sr. Advocate Counsel for Opposite Party :- G.A., Mohd. Irfan Hon'ble Ajit Singh,J.
Heard Ms.Nasira Adil, learned counsel for the applicant, Sri Mohd. Irfan, learned counsel for the informant and the learned A.G.A.
This is a bail application on behalf of the applicant Mohammad Moin Qureshi in connection with Case Crime No.466 of 2021, under Sections 147, 148, 302 I.P.C., Police Station Bilaspur, district Rampur.
The first information report of this incident was lodged by the informant about the death of his son Shazim. It was alleged in the first information report that on 19.12.2021 at about 7:00 p.m. when his son was going in his Creta Car bearing registration no.HP-97-5885 along with his second son, Razim, another in another vehicle Swift car, the complainantwas also following the vehicle of the deceased, in which Taufeeq was sitting, and when both vehicles crossed the railway-crossing, named accused persons, Rzai Nimmi, Wasim, Babbu Khan and Naresh and two-three unknown persons started indiscriminate firing upon the son of the informant. It was also alleged that when the informant and other persons reached at the place of occurrence, the accused persons ran away and later on, the deceased was rushed to the hospital where the deceased was declared brought dead. Later on, an information was given to the police on 28.12.2021, which finds mentioned in the Case Diary annexed on page no.57 of the paper book, in which it was mentioned that son of the informant was assaulted by Suleman Ansari and two other unknown co-accused persons, who were 20-21 years old and this incident was witnessed by the witness Shavez Khan who was also sitting alongwith the deceased.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. She submitted that applicant was not named in the first information report nor in the application given on 28.12.2021 and name of applicant had surfaced in the confessional statement of co-accused Suleman Ansari and as per prosecution version five named accused persons attacked son of informant and later on nominated three persons Suleman Ansari, Kuldeep and present accused were nominated in this matter. She submitted that the alleged recovery of country-made pistol on the pointing out of the applicant is totally fake and false as there is no public witness of the alleged recovery. She further submitted that there is no other reliable evidence against the applicant except the confessional statement of co-accused Suleman Ansari. She further submitted that no identification parade was conducted to ascertain the real culprits. She submitted that the applicant is languishing in jail since 29.12.2021 and has no criminal antecedents to his credit, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mohammad Moin Qureshi involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 28.6.2022 R./