The High Court rejected a second bail application in a murder case involving the accused's wife. The court noted no prima facie changed circumstances existed since the first rejection, warranting denial of bail.
Bail application dismissed; accused to remain in custody pending trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4125 of 2022
Applicant :- Amar Pal Singh Alias Amber Singh S/O Shri Gangaram Singh (Second Bail)
Opposite Party :- State Of U.P Thru. Prin. Secy. Home
Counsel for Applicant :- Arun Kumar Singh,Narendra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh, J.
"1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the accusedapplicant in Case Crime No. 379 of 2020, under Section 302 I.P.C., Police Station Thakurganj, District Lucknow.
3. It is alleged that the accused-applicant has killed his wife as he used to have doubt about character of his wife. In the post mortem report of the deceased- wife following ante mortem injuries were noticed:-
(i) Lacerated would of about 1 cm x 1 cm x bone deep present on lateral aspect of Rt eyebrow.
(ii) Contusion 7 cm x 6 cm present on (Rt) side of head just above the (Rt) ear.
(iii) Multiple contusion (total no.4) present on Rt. side of face and
destentral region size varying from 05 cm x 05 cm to 1 cm x 05 cm. (iv) Transverse ligature mark 18 cm x 15 cm present on front of neck 3 cm above suprasternal notch 6 cm below Lt ear and 6 cm below the Rt. Ear.
4. The cause of death is opined to be Asphyxia due to ante mortem strangulation. It is also alleged that after committing the murder of his wife, the accused-applicant fled away from the house. It is also alleged that earlier the deceased was married to the elder brother of the accused-applicant. They did not have any child from the wedlock. The earlier husband of the deceased died due to some decease and thereafter, she was married to the present accusedapplicant.
5. Learned counsel for the accused-applicant submits that the allegations are totally false and accused-applicant was not present at the place of the incident. He further submits he was not married to the deceased neither he was living with her. He further submits that in the F.I.R. as well as in the inquest it is said that the deceased died due to the injury caused to her by gas-cylinder.
6. I have considered the contentions advanced on behalf of the counsels for the accused-applicant as well as learned A.G.A. The injury report would demonstrate that besides strangulation there are three other injuries, which are lacerated wound and multiple contusions.
7. Sri A. K. Singh, learned A.G.A. submits that the empty gas cylinder of 5 Kg has been recovered, which has blood stains. He further submits that during the inquest the mark of strangulation might not have been noticed.
8. When two persons are living together and one is dead, the onus is on the other person to justify the circumstances under which the other person died. As per the allegations the accused-applicant had fled away from the scene of occurrence and, therefore, there are more than one reasons to arrive at the conclusion that prima facie the accused-applicant was involved in the commission of the offence. A hapless victim has died. The injury report substantiates and corroborates the allegations against the accused-applicant.
9. In view of the aforesaid, without further commenting on the merit of the case I do not find any ground to enlarge the accused-applicant on bail, at this stage and, therefore, the present bail application is hereby rejected.”
to press this bail application.
Order Date :- 28.7.2022 Rao/-
Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.07.28 18:47:56 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted to an accused in a murder case on second pre-application when there are no changed circumstances.
Whether the injury report and flight from the scene ante-mortem strangulation proves prima facie involvement in the offence.
1 provisions across 1 enactments
Amar Pal Singh Alias Amber Singh
State Of U.P
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
