Dismissed¶17

Suraj Goswami v. State of U.P.

Allahabad HC3 Oct 2023BAIL/11411/2023

Case brief

AI extract

What is this about?

Bail rejected; murder (Ss. 147/148/302 IPC); Suraj Goswami; Case Crime No. 269 of 2022; P.S. Haldharpur, District Mau; deceased Ashish killed 16.07.2022; prior enmity and motive; main role assigned per bail order of co-accused Rajan Sharma alias Paji; inconsistent criminal history disclosures (3, 5, then 8 cases); not approached with clean hands; custody since 29.07.2022; trial to conclude preferably within one year; Siddharth, J.; Allahabad High Court; decided 03.10.2023; neutral citation 2023:AHC:189625.

What did the court decide?

There was prior enmity between the informant side and the applicant; therefore motive for committing the alleged crime can be assigned to the applicant. ¶16

Suraj Goswami Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the applicant Suraj Goswami should be released on bail in Case Crime No.269 of 2022 under Sections 147, 148, 302 I.P.C. for the alleged murder of Ashish, notwithstanding prior enmity, the role attributed to him and his disclosed criminal history.

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Court's answer

There was prior enmity between the informant side and the applicant; therefore motive for committing the alleged crime can be assigned to the applicant.

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Ratio / Principle

Affidavits filed on behalf of the applicant at different stages disclosed different and escalating criminal histories (three cases in the bail application, two more in the supplementary affidavit, and three more in the rejoinder affidavit).

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Key takeaways

The applicant has not approached the Court with clean hands.ratio¶16
As per the bail granted to co-accused Rajan Sharma alias Paji, the main role in the offence was assigned to the applicant; therefore it is not a fit case for enlarging the applicant on bail.ratio¶16
Consequential direction: the trial court is to conclude the trial against the applicant as expeditiously as possible, preferably within one year from the date of production of a certified copy of the order.

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.), by order dated 03.10.2023 in Criminal Misc. Bail Application No. 11411 of 2023 (neutral citation 2023:AHC:189625), rejected the bail application of Suraj Goswami accused in Case Crime No. 269 of 2022 under Sections 147, 148, 302 I.P.C., Police Station Haldharpur, District Mau, concerning the murder of Ashish (son of the informant) on 16.07.2022. Grounds for rejection: (i) prior enmity between the informant's side and the applicant established motive attributable to the applicant; (ii) affidavits filed at successive stages disclosed inconsistent and escalating criminal history (three cases initially, five after the supplementary affidavit, eight after the rejoinder affidavit), leading the Court to find the applicant had not approached with clean hands; and (iii) as per the bail order granted to co-accused Rajan Sharma alias Paji, the main role in the offence was assigned to the applicant. The trial court was directed to conclude the trial expeditiously, preferably within one year from production of a certified copy of the order.

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Neutral Citation No. - 2023:AHC:189625

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Reserved on 27.09.2023 Delivered on 03.10.2023

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11411 of 2023

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Applicant :- Suraj Goswami Opposite Party :- State of U.P.

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Counsel for Applicant :- Jai Prakash Singh,Pulak Ganguly,Sanjay Kumar Pal

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Counsel for Opposite Party :- G.A.,Anurag Pathak,Chandra Bhushan Tiwari

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Hon'ble Siddharth,J.

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Heard Sri Pulak Ganguly, learned counsel for the applicant; Sri Anurag Pathak, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Suraj Goswami, with a prayer to release him on bail in Case Crime No.269 of 2022, under Sections 147, 148, 302 I.P.C., Police Station Haldharpur, District Mau.

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There is allegation in the first information report that son of the informant, Ashish, was going to his shop from his house on 16.07.2022 at about 5.00 p.m., when in the way he was beaten by lathi, danda, iron rod, hammer, country made pistol etc., on account of old enmity by the applicant and five named and 2-3 un-named accused. The accused persons seriously injured his son and caused his murder. Earlier also informant and his son were beaten by the applicant and a case was lodged against the applicant by the informant. On account of aforesaid enmity his son was murdered.

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Learned counsel for the applicant submits that the applicant has been generally implicated in this case along with co-accused persons. No specific role or weapon was assigned to him. The recovery of the hammer allegedly used in the alleged crime has been shown on the pointing out of co-accused, Rajan Sharma alias Paji. No weapon was recovered from the applicant or on his pointing out. He has criminal of three cases explained in para 9 of the affidavit filed in support of the bail application. He is in

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jail since 29.07.2022. In the supplementary affidavit filed on behalf of the applicant criminal history of five cases of the applicant has been explained which includes three cases explained earlier.

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Learned counsel for the informant has vehemently opposed the bail application and he has submitted that the applicant has criminal history of eight cases. He has further submitted that the role of causing fatal injury to the deceased by hammer has been assigned to the applicant only and because of earlier enmity he had strong motive to commit the alleged offence .

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Learned counsel for the applicant has filed rejoinder affidavit and has admitted that applicant has criminal history of eight cases and not nine cases. He has five cases explained earlier and criminal history of three more cases of the applicant have been explained in the rejoinder affidavit in reply to the counter affidavit filed by the learned counsel for the informant.

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Learned AGA has also opposed the prayer for bail application.

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This Court after hearing the learned counsels for the parties finds that there was prior enmity between the informant side and the applicant. Therefore, motive of committing the alleged crime can be assigned to the applicant. Further affidavits filed on the applicant at different stages disclose different criminal history of the applicant. In the bail applicant three cases being Case Crime No.75 of 2021, 260 of 2021, 14 of 2021 were disclosed. In supplementary two more cases being Case Crime No.82 of 2019 and 118 of 2021 were disclosed. In reply after filing of counter affidavit three more cases being Case Crime No.564 of 2021, Case Crime No.4 of 2019 and 141 of 2023 have been disclosed. Therefore, it is clear that the applicant has not approached this case with clean hands. In the bail granted to the co-accused, Rajan Sharma alias Paji, the main role has been assigned to the applicant. Therefore, it is not a fit case for enlarging the applicant on bail.

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The bail application is accordingly rejected.

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The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.

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Order Date :- 03.10.2023

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2 of 2

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Suraj Goswami v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suraj Goswami v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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