Neutral Citation No. - 2023:AHC-LKO:54745

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10315 of 2023

Applicant :- Merajul Haq

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Civil Sectt.

Lko.

Counsel for Applicant :- Vivek Pandey,Nagendra Mohan

Counsel for Opposite Party :- G.A.

Hon'ble Brij Raj Singh,J.

1. This is the second bail application. The first bail

application was dismissed as not pressed on 12.12.2022 by

coordinate Bench of this Court.

2. Heard Shri Nagendra Mohan, learned counsel for the

applicant, learned AGA for the State and perused the

record.

3. The present bail application has been filed by the

applicant with a prayer to enlarge him on bail in Case

Crime No.02 of 2022 under Sections 302, 120B IPC., Police

Station Tulsipur, District Balrampur.

4. Learned counsel for the applicant has invited attention

of this Court towards the bail order of co-accused Mahfooz

and submitted that the case of the applicant is at par with

the case of Mahfooz, who has been granted bail by this

Court in Criminal Misc. Bail Application No.4769 of 2022

vide order dated 26.05.2023, which order is quoted below:

"1. Heard Sri Nagendra Mohan and Sri Vivek Pandey, Advocate, the learned

counsel for the applicant, Sri Vipul Gupta, learned AGA for the State and Sri

Balkeshwar Srivastava for the informant

2. The instant application has been filed seeking release of the applicant on bail

in Case Crime No. 02 of 2022, under Sections 302, 120B IPC, Police Station

Tulsipur, District Balrampur.

3. The aforesaid case has been registered on the basis of an FIR lodged on

04.01.2022 at 23:30 hrs stating that the informant's brother Waris Ahmad alias

Pappu, who is former chairman of Tulsipur town area, came home along with

Shahid Pradhan at about 10:20 p.m. and after alighting from car of Shahid

Pradhan, he was walking towards his home. Two unknown persons carrying iron

rods and other sharp edged weapons, attacked the informant's brother and slit

his neck. When the informant reached the spot upon hearing hue and cry, his

brother had already died. He said that Shahid Pradhan had seen the miscreants

running away.

4. In the staement of the informant recorded under Section 161 Cr.P.C., he did

not state that Shahid Pradhan had seen the miscreants running away.

5. In the statement of Shahid alias Mansoor recorded under Section 161 Cr.P.C.,

he stated that the deceased got down of his car and started walking towards his

home and the witness started turning the vehicle and he had seen the applicant

and Merajul Haq standing beneath the tinshed in the house of one Ali Ahmad but

he did not pay attention to it because both of them reside nearby and thereafter

he went to his house at Motipur, Madhav Deeh. Shahid Pradhan did not say that

he had seen the accused persons running away after causing the incident, as

has been claimed in the FIR.

6. The Investigating Officer has recorded statement of some other persons. One

Faizan has stated that he had seen the applicant and Merajul Haq, who are

residents of the same locality, standing beneath the tinshed in the house of Ali

Ahmad and he did not pay attention to it. Two other witnesses Ansar and Zuber

have stated that they had seen the applicant and Merajul Haq walking away

swiftly and they appeared to be nervous. Both of them were carrying something

in their hands at about 10:10 p.m. The witnesses Ansar has stated that he had

seen the applicant at 10:10 p.m. and the other witness has stated that he had

seen them between 10:00 to 10:30 p.m.

7. The police claimed to have arrested both the accused persons on 09.01.2022

on the basis of information recieved from a mukhbir. An iron rod has been

recovered from an open place on the pointing out of the applicant.

8. The recovery memo states that both the accused persons along with the

articles recoverd, were taken to the house of Rizwan Zaheer and the houseguard

informed the police that