Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13742 of 2022

Applicant :- Altmas

Opposite Party :- State of U.P.

Counsel for Applicant :- Vivek Dhaka

Counsel for Opposite Party :- G.A.,Mohammad Arshad Khan

Hon'ble Sanjay Kumar Singh,J.

Heard Mr. Vivek Dhaka, learned counsel for the

applicant,

learned

Additional

Government

Advocate representing the State, Mr. Mohammad

Arshad Khan, learned counsel appearing on behalf

of informant and perused the record.

By means of this application under Section 439 of

Cr.P.C., applicant, who is involved in Case Crime

No.33 of 2022, under Section 302 IPC, P.S. Incholi,

District Meerut seeks enlargement on bail during

the pendency of trial.

As per the prosecution case in brief, informant

Gufran lodged an FIR on 01.02.2022 on 21:20'O

clock regarding an incident that took place on the

same day at 20:30'O clock against Altmas

(applicant), Hamza, Khursheed and one unknown

person making allegation inter alia that the

accused Altmas had borrowed a sum of Rs.

45,000/- from his brother Shah Alam but he was

not returning the same despite making repeated

demand made by Shah Alam. On 01.02.0222 at

about 6:30'O Clock, Altmas and his father

Khursheed took his brother on the pretext of

returning his money. FIR further alleges that at

that time he saw the accused Altmas, Hamza,

Khursheed and one unknown person at the turn of

the street. At about 20:30'O Clock in the night, he

received information that his brother has been

murdered.

Learned counsel for the applicant referring the

statement under Section 161 Cr.P.C. of the

informant Gufran submitted that he in his

statment has stated inter alia that Altmas was

having illicit relation with the wife of Jafar who is

brother of informant and the deceased. When this

fact came to the knowledge of Jafar and other

family members, Jafar divorced his wife Shabnam.

Thereafter Altmas married Shabnam. On account

of this reason, his brother Shah Alam and other

family members felt humiliated and he could not

forget this humiliation. It is next submitted that on

account of this reason Shah Alam and his friend

Sajid to order to take revenge called the applicant

Altmas on 01.02.2022 at 7:30 p.m. on the pretext

of eating and drinking and took him to the place of

incident soon as Altmas got down from the

motorcycle, Sajid on the indication of Shah Alam

hit Altmas on the head with a stick and Shah Alam

started assaulting Altmas by knife. During the

course of scuffle, Altmas in his self defence also

assaulted Shah Alam whereby he succumbed to

injuries and applicant-Altamas also received

grievous injuries. After the said incident applicant

Altmas informed the petrolling police by Dialing

No. 100, on which police came at the spot and got

the applicant admitted in P.L. Sharma, District

Hospital, Meerut on 01.02.2022 at 9:00 p.m. In

support of his submission, learned counsel for the

applicant referred the injury report of the

applicant, filed as Annexure No. 8 to the affidavit,

pointing out that Constable PRD 819 Pradeep

Kumar got the applicant admitted in the hospital.

It is also pointed out in the said incident applicant

received six injuries, out of which two injuries were

incised wounds, three injuries were lacerated

wound and one red abraded contusions. There

after applicant was arrested by the police from the

hospital and send to jail, but seeing the critical

condition of the applicant, he was again referred to

L.L.R. Medical College, Meerut. The report of

Senior Consultant of District Jail, Meerut regarding

critical condition of the applicant has been filed as

Annexure No. 9 at Page 44 of the paper book. It is

also pointed out that on 04.02.2022, FIR was also

lodged from the side of applicant at Case Crime

No. 0035 of 2022, under Sections 352, 307 I.P.C.

against Sajid (eye witness of the incident of t