Court No. 20
Criminal Misc. Case No. 8400 (B) of 2009
Shahid alias Sayeed ...Versus... State of U.P
.
Hon'ble Raj Mani Chauhan,J.
Heard the learned counsel for the applicant and learned A.G.A. for
the State as well as perused the record.
The accused-applicant Shahid alias Sayeed is involved and
detained in Case Crime No. 22 of 2009, under Sections 302, 120 I.P.C.
and 3 (1) U.P. Gangster Act, from Police Station Paraspur, District
Gonda and he has applied for bail.
The prosecution case, in brief, is that on 31.1.2009, the deceased
Chhotu alias Nazeer , the younger brother of complainant Mohd. Sagir,
son of Mohd. Sayeed, resident of Mohalla Imambara, Police Station
Kotwali Nagar, District Gonda had left his house on a motorcycle at
about 11.00 A.M. along with accused Shahid alias Sayeed and Mande.
The deceased was driving the motorcycle while Shahid alias Sayeed and
Mande were pillion riders. While they were on the way, they were seen
by Abdul Qayum and Babloo who were brothers-in-law (Bahnoi) of the
complainant and the deceased. When the deceased reached near
Chandaha Nala, accused Shahid alias Sayeed and Mande asked him to
stop the motorcycle and thereafter on exhortation of accused Mande,
accused Shahid alias Sayeed shot Chhotu alias Nazeer dead.
The submission of the learned counsel for the accused applicant is
that so called eye-witnesses are brothers-in-law (Bahnoi) of the
complainant and the deceased who are highly interested witnesses. It
cannot be expected that they would have sensed that the deceased was
going to be murdered. It will be most unnatural that they had followed
the deceased up to 25 Kms. away from Gonda City. The deceased was an
accused in the murder case of the brother of Jaheer and Baseer who were
in jail. The accused were friends of Jaheer and Baseer. Therefore, the
complainant has falsely implicated them. The accused applicant,
therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application and argued that the
accused being friends of Jaheer and Baseer were having motive to
eliminate the deceased. The occurrence had taken place in the broad day
light. The accused had been seen by the witnesses Abdul Qayum and
Babloo. The accused applicant was main shooter of the deceased.
Keeping in view the nature of the offence and the statements of the eye-
witnesses, the accused applicant does not deserve to be released on bail.
Considered the submissions of the learned counsel for the accused
applicant and learned A.G.A.
This is a case of broad day light murder. The prosecution
witnesses have given eye account of the occurrence. Keeping in view the
gravity of the offence, I do not find it a fit case for bail.
The bail application is, therefore, rejected.
22.01.2010
Sanjay/-