In a recent legal development, the High Court has set aside the orders granting bail to Abdullah, Nasir, and Muzammil in the murder case of Khursheed Ahmad. The decision comes after the initial bail grants were challenged due to the serious nature of the offense. The petitioner, an eyewitness to the crime, raised concerns over the release of the respondents. Find out more about the cancellation of bail for Abdullah, Nasir, and Muzammil in this case.
Facts
- Abdullah was granted bail by the High Court on 28.03.2023.
- Muzammil filed a bail application citing lack of specific role in the assault on the deceased; his bail was granted on 14.12.2023.
- Nasir was granted bail on 07.04.2023 after filing a bail application.
- Private Respondents are accused in FIR No 0359 for the murder of Khursheed Ahmad.
- Neyaz Ahmad, a co-accudsed, was granted bail on 22.02.2023, leading to bail applications for Nasir and Muzammil being granted as well.
- Abdullah’s initial bail application was rejected by the Trial Court on 16.02.2023, leading to the challenge by the informant.
- The High Court did not consider the arguments of the State respondent.
- Abdullah, Nasir, and Muzammil were granted bail despite objection by the State counsel.
- The bail was granted to Abdullah based on the fact that Neyaz Ahmad had been granted bail.
- Nasir’s bail was granted referring to the order passed in Abdullah’s case.
- Muzammil’s case was not considered in detail before granting bail.
- Abdullah had served 4 months and 19 days in imprisonment, Nasir had served 5 months and 11 days, and Muzammil had served 1 year and 2 months.
- The respondents are accused of a serious murder offense, in which the appellant was an eyewitness.
Arguments
- The appellant is the informant in a case related to the death of his elder brother.
- He filed a complaint on 16.01.2023 with the Chief Minister of the State after being threatened by the accused Abdullah.
- The appellant is accused of falsely implicating Abdullah, Nasir, and Muzammil.
- The bail of the co-accused Neyaz Ahmad was canceled by the Court on 28.04.2023.
- Further incarceration during the pendency of the matter would be unjust to the individuals.
- The High Court’s orders are appropriate and no error is found in them.
- The appeals should be dismissed.
Analysis
- The orders passed by the High Court granting bail to Abdullah, Nasir, and Muzammil are deemed to be set aside.
- The aforementioned respondents were allegedly involved in the murder of Khursheed Ahmad over a minor issue.
- Abdullah was granted bail after 4 months and 19 days in custody, seemingly influenced by the bail granted to Neyaz Ahmad.
- Nasir was granted bail after 5 months and 11 days in custody, possibly due to the bail granted to Abdullah.
- Muzammil was granted bail after 1 year and 2 months in custody without thorough consideration of the evidence on record.
- The post-mortem report indicated severe assault on the deceased.
- Fractured ribs and other injuries caused to the deceased were sufficient to cause his death.
- The impugned orders were legally unsustainable and hence set aside.
- Reasons for cancellation of bail to co-accused Neyaz Ahmad by the High Court were considered in the context of the challenge against the impugned orders.
Also Read: Supreme Court Upholds the Rights of Possessors in Long-Standing Legal Dispute
Decision
- The bail granted to Abdullah, Nasir, and Muzammil is cancelled.
- They can apply for bail again at any appropriate stage.
- No observations on the merits of the case have been made by the Court.
- Arguments have been considered only for the current case.
- The appeals challenging the High Court orders are allowed.
- They must surrender to custody before the Trial Court within 10 days.
Case Title: AQEEL AHMAD Vs. STATE OF UTTAR PRADESH (2024 INSC 268)
Case Number: Crl.A. No.-001947-001947 / 2024
