Sitaram v. State of U.P.
Case brief
What is this about?
Court allowed bail to Sitaram, accused under Section 306 IPC, noting the case relies on circumstantial evidence, lack of eye-witnesses, and the applicant's age, with directions to cure delay in trial.
What did the court decide?
Applicant released on bail on personal bond and two sureties with conditions regarding attendance, evidence tampering, and adjournment seeking.
What the court decided
Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2652 of 2022
Applicant :- Sitaram Opposite Party :- State of U.P. Counsel for Applicant :- Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Ram Om Vikram Singh Chauhan, learned counsel for the applicant, Sri Pankaj Mishra, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Sitaram, seeking enlargement on bail during trial in connection with Case Crime No.288 of 2021, under Section 306 I.P.C., registered at Police Station Ekdil, District Etawah.
The First Information Report of the present case was lodged on 12.09.2021 by Happy against the applicant, co-accused Kallu and Smt. Manju Devi alleging therein that his father Neeraj had gone to his in law's house (Sasural) on 21.08.2021 to bring back his wife, as she was living there but did not return back. He asked the accused persons about the whereabouts of his father, who told him that he left the house on 23.08.2021. He was searched but could not be traced. On 27.08.2021, he gave a missing report to the concerned police station. On 30.08.2021, he came to know that a dead-body was recovered from a canal of which police had got conducted its post-mortem. The deadbody was recovered on 24.08.2021. He stated that he has a belief that the accused persons, who belonged to his mother's maternal house had committed the murder of his father and thrown the dead-body in the canal.
Learned counsel for the applicant argued that the applicant is the father-in-law of the deceased. It is argued that the implication of the applicant in the present case is only on the basis of suspicion and the case is of circumstantial evidence. It is argued that there is no eye-witness to the murder, the deadbody of the deceased as recovered by the police was subjected to post-mortem as that of an unknown person, in which the doctor did not find any ante-mortem injury and the cause of death is asphyxia due to drowning. It is argued that the postmortem was conducted on 27.08.2021 and the time since death was found to be about 4 days ago. It is argued that since there was some dispute between the deceased, Neeraj and his wife Smt. Manju Devi, who is the mother of the first informant due to which, Smt. Manju was living in her parental house since last
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant accused of culpable homicide by omission under Section 306 IPC after completing a portion of the trial.
Whether the cumulative circumstances, including the nature of evidence and period of detention, warrant the release of the applicant on bail.
Parties & counsel
- applicant
Sitaram
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/2652/2022
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