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Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25287 of 2020

Applicant :- Kazim Raja @ Ali Nawab

Opposite Party :- State of U.P.

Counsel for Applicant :- Syed Faiz Hasnain,Rajiv Lochan Shukla

Counsel for Opposite Party :- G.A.,Sadaful Islam Jafri

Hon'ble Rahul Chaturvedi,J.

Heard Sri Rajiv Lochan Shukla, and Sri Syed Faiz Husnain, learned

counsel for the applicant, Sri N.I.Jafri, learned Senior Counsel

assisted by Sri Sadaful Islam Jafri, learned counsel for the informant

as well as learned A.G.A for the State and perused the record.

From the record, it is apparent that the pleadings have been

exchanged between the parties and the matter is ripe for final

argument.

By means of this application, the applicant who is involved in case

crime no. 55 of 2020, under Section 306 IPC, Police Station-Kotwali,

District-Jhansi is seeking enlargement on bail during the trial. The

applicant is languishing in jail since 06.07.2020.

Learned counsel for the applicant has drawn the attention of the Court

to the FIR lodged by Baqar Hasan for the incident said to have been

taken place during 03.02.2020 to 08.02.2020 of which, the FIR was

registered on 10.02.2020 against sole named accused Kazim Raza @

Ali Nawab, the present applicant.

The prosecution story flows from the FIR, that the informant after

attaining the age of superannuation in July 2019 as C.D.O. Laltipur

and has received a sum of Rs. 30 lakhs as his post retiral benefits. His

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son Shahnawaz Ali (23 years) after completing his education from

local Polytechnic college had joined as an apprentice in the 'Wagon

Repair Workshop', Jhansi under the supervision of the present

applicant. On 03.02.2020, the applicant came to the informant and had

taken away his son Shahnawaz. His son has shared the information

with the informant & other family members, that the applicant on a

particular date has received a call from a girl (deceased's batch-mate)

complaining him (the applicant) that she was teased and peddled by

Shahnawaz. In the same breath applicant has also demanded Rs. 5

lakhs, else the applicant would make that audio clip viral. In fact, as

culled out from the FIR, the applicant was blackmailing informant's

son and the deceased was not in a position to ask the amount from his

father. In this stage of fix, on the fateful day after pouring petrol upon

him, he has committed suicide. The informant has taken away the

injured son with the help and aid of his friend and relative to the

Medical College, Jhansi thereafter, Ayushman Hospital, Gwalior and

lastly to Ram Manohar Lohia Hospital, New Delhi but on 08.02.2020

around 2.00 a.m. in the night his son Shahnawaz expired. On this

prosecution story, the applicant was put under the crucible of criminal

trial.

Learned counsel for the applicant has submitted that the applicant is a

Senior Section Engineer at Wagon Repair Workshop, Jhansi and

handsomely earning up to Rs. 85,000/- as monthly salary. His wife too,

is a gainfully employed in the local Junior High-school as a Head

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Mistress, his son and daughter all are well placed and earning. On this

learned counsel for the applicant submits, that the entire family of the

applicant is financially very sound and have got no reason to indulge

in such type of cases. However, the post mortem report of the

deceased, who died on account of septicemia as a result of 63% burn

injury over the body.

Reliance has been placed by the learned counsel for the applicant

upon the dying declaration, which is annexed as (Annexure-4) to the

bail application in which was recorded on 05.02.2020 in which he has

stated that he resides with his parent at Jhansi. On 04.02.2020 around

four in the evening, the applicant approached him and has discussed

about one fake I.D. Facebook account of girl has started torturing him.

He felt humiliated & horrified after coming back to home, he poured

the petrol and set himself ablaze.

On this, it has be