Ramji v. State of U.P.
Case brief
What is this about?
Bail allowed to applicant Ramji under Section 306 IPC. Court held applicant made out a case for bail due to lack of credible evidence and unsupported allegations of abetment following a suicide.
What did the court decide?
Applicant released on bail on personal bond and two sureties subject to conditions regarding non-tampering with evidence and appearance in court.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9229 of 2022
Applicant :- Ramji Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. There is allegation in the first information report that the daughter of the informant poured kerosene oil and committed suicide. Cause of suicide is alleged to be the conduct of the applicant who used to talk to her.
Learned counsel for the applicant submits that the victim committed suicide on account of reason best know to her. In the inquest report there is no whisper of abetment of suicide by the applicant. After the inquest report the first information report has been lodged making allegation against the applicant. The investigating officer has not been able to collect credible evidence except evidence of the informant and public witnesses Santosh Sahu and Jeetendra Sahu after 54 days, wherein they stated that they come to know the deceased committed suicide because of disturbing conduct of the applicant. Learned counsel for the applicant further submits that it is case of false implication on account of ulterior motives. The applicant is in jail since 15.11.2021. He has criminal history of two cases; in one case final report has been submitted and the other case is under Gambling Act.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail having come to make out a prima facie case due to lack of credible evidence against him.
Whether the High Court should express an opinion on the merits of the liability in a bail application.
Parties & counsel
- applicant
Ramji
- respondent
State of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/9229/2022
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