Allowed

Satyabhama Singh v. State of U.P.

Allahabad HC5 Apr 2022BAIL/12012/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 203, 120B, 201, and 302 IPC, the Hon'ble High Court allowed the bail of the accused-applicant, characterizing her role as providing a sari and spade for body disposal based on the co-accused's confession, and imposed conditions to ensure her presence and non-interference with evidence.

What did the court decide?

The applicant to be released on bail by furnishing a personal bond with two sureties in the like amount, subject to sanctions to appear as required, not tamper with evidence, cooperate in the trial, a

Satyabhama Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12012 of 2022

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Applicant :- Satyabhama Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vijendra Kumar Mishra,Shivaji Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Vijendra Kumar Mishra and Shivaji Singh, learned counsels for the accused-applicant as well as learned counsel representing the State and perused the record.

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This bail application has been moved by the accused/applicant- Satyabhama Singh for grant of bail, in Case Crime No.29 of 2022, under Sections 203, 120B, 201, 302 I.P.C., Police Station Mehnagar, District Azamgarh, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case only on account of being mother of coaccused Vatan Singh @ Raja Singh and in fact she has not committed any offence as claimed by the prosecution.

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It is further submitted that the prosecution story as is evident from the case diary is that on 24.01.2022 deceased had gone to purchase some groceries from the market, but did not return and apprehending that he might have been abducted, first information report was lodged by his father namely Om Prakash Rajbhar on 25.01.2022, however, on 26.01.2022 coaccused Vatan Singh @ Raja Singh was arrested and made confessional statement in the custody of the police revealing that on account of prior enmity, he had murdered the deceased and disposed of his body by burying it near a culvert.

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Highlighting the above facts, it is vehemently submitted by learned counsel for the applicant that at first the confessional statement of the co-accused Vatan Singh @ Raja Singh was recorded when he was under the custody of the police and the same could not be proved and the recovery of the dead body on his pointing could only implicate him and even if the confessional statement of the co-accused Vatan Singh @ Raja Singh and the applicant is taken on its face, the role of the applicant is only to the tune that after being informed by coaccused Vatan Singh @ Raja Singh that the deceased had been

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done to death by him, she had only provided a 'saari' and spade (Fawda) to co-accused Vatan Singh @ Raja Singh for disposal of the dead body of the deceased.

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It is vehemently submitted that even if the allegations of the prosecution are taken on its face, only Section 201 I.P.C. could attract against applicant and there is no material/evidence, which may suggest of any conspiracy. The applicant is a lady and she is in jail in this case since 27.01.2022 and the applicant is not carrying any criminal history. There is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed a heinous offence, therefore, she is not entitled to be released on bail, but could not controvert the factual submissions made by learned counsel for the applicant particularly with regard to the role assigned to the instant applicant.

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Having heard learned counsel for the parties and having perused the record, it is evident that the applicant or co-accused Vatan Singh @ Raja Singh was not named in the first information report, however, on being arrested co-accused Vatan Singh @ Raja Singh has confessed his guilt and has also assigned the role of providing 'saari' and spade (Fawda) to the instant applicant for the purpose of disposing the dead body. It has been vehemently submitted on behalf of the applicant that there is no material/evidence, which may suggest of any conspiracy and the role of the applicant, even if the story of the prosecution is believed, is only of providing 'saari' and spade (Fawda) to the co-accused Vatan Singh @ Raja Singh, who had confessed to have committed the murder of the deceased. The applicant is a lady and is in jail in this case since 27.01.2022 without any previous criminal history. The presence of the applicant could be secured before the trial court as well as before the investigating officer by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Satyabhama Singh involved in above-mentioned case, be released on bail on her furnishing a personal bond with two sureties in the like amount to the

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satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall remain present before the investigating officer as and when required even for the sake of effecting any recovery.

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(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 5.4.2022 Anupam S/-

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Digitally signed by ANUPAM SINGH PATEL Date: 2022.04.05 18:26:49 IST Reason: Location: High Court of Judicature at Allahabad

Satyabhama Singh v. State of U.P.

Case brief

What is this about?

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Satyabhama Singh v. State of U.P.

Case brief

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