High Courts

Zafar Ahmad Khan alias Chanda Khan vs State of U.P.

Allahabad High Court · Decided on 8 May 2009 · Citation: (2009) 05 AHC CK 0441

HON’BLE JUDGES
Alok Kumar Singh, J
RESULT
Allowed
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Judgment

9 paragraphs · 195 words

Alok K. Singh, J.

Counter affidavit filed today is taken on record.

Heard the learned counsel for the applicant, learned A.G.A. and perused record.

The applicant is involved in Case Crime No.190 of 2005, under Sections 147, 148, 149, 302 I.P.C., Police Station Malihabad, District Lucknow.

Concededly six witnesses have already been examined in this case and it would not be proper to make any assessment of th substantive evidence, lest it may affect the final outcome of the trial.

The bail is vehemently opposed by the learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected at this stage.

However the crime number is of the year 2005 and therefore learned lower court is directed to conclude the trial expeditiously.