The Court rejected a bail application filed by Saurabh Pratap Singh in a murder trial (Sections 302, 201 IPC). Finding no case for bail made out due to the gravity of the offence and opposing arguments, the application was dismissed without expressing an opinion on merits.
The bail application was rejected and dismissed.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31158 of 2022
Applicant :- Saurabh Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shishu Pal Sharma Counsel for Opposite Party :- G.A.,Bhavya Sahai
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 227 of 2021, under Sections 302, 201 of IPC, Police Station Hardua Ganj , District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that the applicant is husband of the deceased Chanchal. The marriage was solemnized before 9 and half years ago and there was no allegation against the applicant during this period. No specific allegation has been made about the fact that which demand was ever made by the applicant and his family members. It is further submitted that during the period of lock down in the year 2021 the deceased was critically ill. It is also submitted that the applicant made his best effort to provide medical treatment to the deceased and the relevant documents annexed with the bail application. It is also submitted that several independent witnesses stated that with the consent of the family members of the deceased she was cremated. It is further submitted that applicant is languishing in jail since 04.06.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate as well as learned counsel for the informant have opposed the prayer for grant of bail and argued that the applicant never took the deceased to any hospital, the deceased was healthy and was not suffering from any kind of disease no documentary evidence has been produced by the applicant to support his claim that the deceased was suffering with serious medical ailment, no death certificate has been filed, moreover, the applicant and his family members hurriedly cremated and
performed last rites without informing the informant and his family members to conceal the material evidence.
Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 23.1.2023 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant in a case involving allegations of murder.
Whether the applicant has made out a prima facie case for release on bail in custodial detention.
Whether to reject the bail application filed under the CrPC in the said case.
Saurabh Pratap Singh
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
