Shubham Singh v. State of U.P. and 3 Others
Case brief
What is this about?
This High Court rejected a bail application filed by Shubham Singh in a POCSO case involving murder and breach of trust. The court held that the recovery of the deceased's skeleton from the applicant's room upon his pointing out constitutes clinching evidence, and thus the applicant was not entitled to bail.
What did the court decide?
The instant bail application stands rejected.
What the court decided
Neutral Citation No. - 2023:AHC:133875
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22251 of 2023
Applicant :- Shubham Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kavita Tomar,Jai Raj Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- As matter pertains to provisions of POCSO Act, therefore, notice was issued to the informant on 30.5.2023. As per office report dated 27.6.2023, notice has been personally served to the informant. Despite service of notice, none appeared on behalf of the informant.
- Heard Sri Jai Raj Singh Tomar, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the Staterespondent.
- The instant application has been filed seeking release of the applicant on bail in Case Crime No. 209 of 2022, under Sections 363, 302, 201, 377 IPC and 5/6 POCSO Act, Police Station Bilhaur, District Kanpur Nagar, during pendency of the trial in the court below.
- FIR of the present case was lodged against unknown person under section 363 IPC and according to the FIR, nephew of the informant aged about 7 years was missed somewhere since afternoon of 21.4.2022.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving recovery of a dead body from his room on his own pointing out.
Whether the recovery of the deceased's skeleton from the applicant's room precludes bail grant.
Whether false confession can negate the evidence of body recovery at the bail stage.
Parties & counsel
- applicant
Shubham Singh
- respondent
State Of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/22251/2023
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