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Neutral Citation No. - 2025:AHC:74428 Reserved On:- 06.05.2025 Delivered On:-.08.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16726 of 2024 Applicant :- Tauqeer Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey,Mohammad Tausif,Mohammad Wadood,Mohd. Samiuzzaman Khan,Sheshadri Trivedi,Sr. Advocate Counsel for Opposite Party :- G.A.,Shamshad Ahmad Hon'ble Siddharth,J. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant; Sri Shamshad Ahmad, learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Tauqeer, with a prayer to release him on bail in Case Crime No. 164/2023, under Section- 452, 302, 120-B/34 of I.P.C., Police Station - Chilkana, District - Saharanpur. There is allegation in the F.I.R. that on 25.10.2023, the brother of informant, Sanavvar Ali, had gone to load his trolly by husk at about 02:30 a.m. In one room on his house his mother, sister, sister-in-law and son Hussain were sleeping. At about 03:00 a.m., he heard noise and came out of his room and found his sister, Mehkara, with blood on her body. His sister informed that 2-3 unknown persons came and caused injuries to her by knife on her neck and also fired on her. His mother informed that after committing the aforesaid incident, the accused scaled the wall and ran away. The informant took his sister to the hospital where she was declared dead.
Learned counsel for the applicant has submitted that the applicant has been implicated in this case on the basis of his confessional statement wherein, he admitted his love affair with the deceased, Mehkara. He admitted that he planned the murder of the Mehkara with the help of co-accused. Learned counsel for the applicant has submitted that the confessional statement of the applicant is hit by
section 25 of the Evidence Act and planted recovery of weapon has been shown from him. Learned AGA and learned counsel for informant have vehemently opposed the bail application and they have submitted that it has been admitted by the applicant in his statement that Mehkara was his sister-in-law and when she had come to his house, he developed relationship with her and when this fact was known to her family members, he requested them to marry Mehkara with him, but when they refused, he committed the murder of Mehkara. He has admitted taking the help of co-accused. There clear is motive of the applicant to commit the murder and he is the principal offender in this case. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days.
Order Date :- 8.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad