Allowed

Santram v. State of U.P.

Allahabad HC19 Jul 2023BAIL/28071/2023

Case brief

AI extract

What is this about?

In this criminal bail application, the Allahabad High Court allowed the release of the applicant on bail. The case involved murder allegations based on circumstantial evidence and confessional statements. The court found the applicant's case identical to that of a co-accuser already released on bail and granted bail with conditions.

What did the court decide?

Application allowed; applicant released on bail by furnishing a personal bond and two sureties in like amount.

Santram Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:143820

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28071 of 2023

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Applicant :- Santram Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Manvendra Singh, learned counsel for the applicant and Shri Ravi Kant Kushwaha, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in S.T. No.963 of 2022, arising out of Case Crime No.232 of 2022, under Section 302, 201 I.P.C., Police Station Binkdi, District Fatehpur, during pendency of the trial in the court below.

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FIR of the present case was lodged on 05.06.2022 against applicant and his bhabhi Smt. Kamini, under Section 302 I.P.C. and according to the FIR, at the time of inquest proceedings, Police came to know that applicant was having illicit relationship with his bhabhi i.e. co-accused Smt. Kamini and due to this reason, he alognwith his bhabhi committed the murder of his mother i.e. deceased.

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Learned counsel for the applicant submitted that without any evidence, applicant has been made accused in the F.I.R. of the present case by the police on the basis of information furnished by some unknown person. He further submitted that applicant was not having any illicit relationship with his bhabhi i.e. co-accused Smt. Kamini and it is alleged that after lodgement of the F.I.R., applicant and co-accused Smt. Kamini were arrested and they

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confessed their guilt and on their pointing out blood-stained mungari, basuli and clothes, which were alleged to have put in the mouth of the deceased, were recovered. He further submitted that although as per the prosecution case, the blood-stained marks were present on the alleged recovered mungari but till date, the alleged mungari could not be connected with the instant crime. He further submitted that the recovery was made on the pointing out of applicant and co-accused Smt. Kamini and co-accused Smt. Kamini has already been released on bail by Co-ordinate Bench of this Court vide order dated 01.12.2022 passed in Criminal Misc. Bail Application No.44215 of 2022, which has been annexed as Annexure No.16 to the affidavit filed in support of the instant bail application and on merit, the case of applicant is at par with her.

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He further submitted that the applicant is not having any criminal history and he is in jail in the present matter since 05.06.2022 i.e. more than a year, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for both the parties and perused the record of the case.

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From perusal of the record, it appears that it is a case of circumstantial evidence and on the basis of suspicion applicant was made accused in the present matter alongwith his bhabhi i.e. co-accused Smt. Kamini and except the confessional statements of the accused persons and recovery of blood-stained mungari, basuli and clothes, which were alleged to have put in the mouth of the deceased, there is no other evidence against the applicant on record. From the record, it further reflects that the recovery of

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above noted items were made on the pointing out of the applicant and co-accused Smt. Kamini but co-accused Smt. Kamini has already been released on bail. Applicant is not having any criminal history and on merit, the case of applicant is identical to the coaccused Smt. Kamini.

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Therefore, considering the facts and circumstances of the case, discussed above, in may view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant-Santram, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 19.7.2023/Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Santram v. State of U.P.

Case brief

What is this about?

What did the court decide?

Santram v. State of U.P.

Case brief

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