The High Court of Judicature at Allahabad considered a second bail application in a murder case. Finding that the previous bail application was rejected on merits due to the severity of the offense (multiple injuries) and lack of new grounds, the court held the applicant was not a fit case for bail and rejected the application.
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Neutral Citation No. - 2023:AHC:188953
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39977 of 2020
Applicant :- Sam Boli @ Shyam Bholi Opposite Party :- State of U.P. Counsel for Applicant :- Satish Chandra Tiwari,Abhinab Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
"Heard Sri Rajesh Kumar Verma, learned counsel for the applicant, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sam Boli @ Shyam Bholi seeking enlargement on bail during trial in connection with Case Crime No. 67 of 2019, under Sections 302 and 404 I.P.C., registered at P.S. Sirauli, District Bareilly.
The version, as per first information report, is that the first informant had married with Himanshi, daughter of Virendra Gangwar on 19.3.2019 due to which the family members were annoyed. Later on, a compromise was entered into between the parties. On 5.5.2019 at about 4:00 PM, the first informant was going along with his wife, Smt. Himanshi to the doctor on a motorcycle for consultation as she was ill on which his mother-in-law, the present applicant, father-in-law, Virendra Gangwar, brother-in-law, Kuldeep met him and his father-in-law and brother-in-law told him that he may go to the tailor to bring the clothes of his brother-in-law, Deepak on which he left his wife, took Deepak with him and went for the said work. After about 25 minutes when he came back to his 'Sasural', he did not find anyone but found his wife dead. He immediately reached back to his house and told his family members about the incident and then lodged the first information report.
Learned counsel for the applicant argued that a general role has been assigned to the applicant. He has further argued that the applicant was in no manner involved in the present incident. The applicant is in jail since 21.10.2019 and has no criminal antecedents to his credit, therefore, she be released on bail.
To the contrary, learned AGA opposes the bail and argued that the applicant is the mother of the deceased, the deceased apart from one ligature mark has received seven other injuries on her body. The dead body was found in her paternal house and there is specific allegation in the first information report that the applicant along with her husband Virendra Gangwar took the deceased to the house and they are under the burden to explain the death of the deceased.
Having heard learned counsel for the parties and perusing the material on record, it is clear that the present is a case of honour killing in which the deceased has received as many as ten injuries as noted in the postmortem report, therefore, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected."
Order Date :- 3.10.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is a fit case for bail during trial regarding a murder charge under Section 302 IPC.
Whether the contradictions alleged by the applicant's counsel constitute a fresh ground for bail after a previous rejection.
1 provisions across 1 enactments
Sam Boli @ Shyam Bholi
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
