ASHFAQ ALI Vs. STATE O

JUDGEMENT

(1.) S. S. Kulshrestha and Vijay Kumar Verma, JJ. Heard Sri Tahir Husain Farooqui, learned Counsel for the appellants and learned A. G. A. for the State and perused the material on record.

(2.) BAIL application on behalf of the accused-appellants Ashfaq Ali and Azad Khan convicted for the offences under section 302 read with sections 34 and 201 I. P. C. in S. T. No. 89 of 2001 vide judgment dated 26. 10. 2007 passed by Sri Brijesh Kumar, the then Additional Sessions Judge (Court No. 2), Kannauj has been pressed on the ground that the entire case has been fabricated against them. They are said to be doing business of sale and purchase of she-goats. On 2nd November, 2000, accused-appellants along with their third companion namely Mustakim came on the house of the complainant. They persuaded the deceased to join them for making the purchase of she-goats. The deceased had taken Rs. 2,500/- with him and since that day, he had not come back. During the pendency of the trial, third accused namely Sri Mustakim died and the case stood abated against him. Against the appellants-accused substantial evidence is missing. Last seen evidence does not inspire confidence. No incriminating article is said to have been recovered on the pointing out of the appellants-accused. They were involved in this case only when the dead body after four days was recovered.

(3.) LET the appellants Ashfaq Ali and Azad Khan be released on bail for the offences indicated above, on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Trial Court concerned and subject to the deposit of fine amount.