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

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

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the applicant-accused Shyam Sundar alias Shyam should be enlarged on bail in case crime No. 55 of 2019 under Sections 302 and 201 IPC, P.S. Dibai, District Bulandshahr.

Court's answer

Considering the submissions of counsel for the applicant, the objections of learned A.G.A., and the gravity and severity of the offence and the conduct of the applicant-accused, prima facie at this stage the grounds are not sufficient to enlarge the applicant-accused on bail; the prayer for bail is refused.

Ratio / Principle

The second bail application is dismissed.

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.) dismissed the second bail application of Shyam Sundar alias Shyam seeking release in Case Crime No. 55 of 2019 under Sections 302 and 201 IPC, P.S. Dibai, District Bulandshahr; his first bail application (No. 44067 of 2019) had already been rejected by another bench on 27.11.2019. Counsel for the applicant urged that he was falsely implicated and not named in the FIR, that the material against him was only his mobile location near the place of occurrence, that the informant gave a different statement when examined before the trial court, that only four prosecution witnesses had been examined, and that there being no direct evidence the applicant was in jail since 14.09.2019 with no criminal history. The State (learned A.G.A.) opposed, pointing out that though unnamed in the FIR, independent witnesses admitted the applicant's illicit relations with the deceased's wife, that the two talked on mobile phone, and that the applicant allegedly confessed before P.W. 4 to having committed the murder by mistake. Weighing the gravity and severity of the offence and the conduct of the applicant-accused, the court held that prima facie, at that stage, the grounds were not sufficient to enlarge him on bail and refused the prayer, dismissing the application (order dated 25.4.2023).

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58789 of 2022

Applicant :- Shyam Sundar Alias Shyam Opposite Party :- State of U.P. Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard Sri Muktesh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The Crl. Misc. First Bail Application No. 44067 of 2019 has been rejected by another bench of this court vide order dated 27.11.2019.

This is second bail application has been filed with a prayer to release the applicant on bail in case crime No. 55 of 2019, under sections 302, 201 IPC, P.S. Dibai, District Bulandshahr.

It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. Further contended that in the present the applicant is not named in the first information report. The evidence against the applicant is only that his mobile location was found near the place of occurrence. The informant was examined before the trial court in which he has given the different statement about the occurrence. In the present case only four prosecution witnesses have been examined so far. There is no direct evidence against the applicant and only on circumstantial evidence the applicant is in jail since 14.09.2019 having no criminal history.

Per contra learned A.G.A. for the State rebutted the above arguments stating that although the applicant-accused is not named in the FIR but it has been admitted by other independent witnesses that applicant was having the illicit relation with the wife of the deceased and there is also evidence that both the applicant and wife of the deceased used to talk on mobile phone, it has also been confessed by the applicant before the P.W. 4 that by mistake he has committed the murder of deceased and the gravity of the offence is too much, therefore, the applicant may not be released on bail

Having considered the submissions raised by the counsel for the

applicant-accused and the objections raised by learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, prayer for bail is refused.

Accordingly, this application is dismissed .

Order Date :- 25.4.2023

RPD

Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad