Satish Kumar Soni @ Lala v. State of U.P.
Case brief
What is this about?
In this bail application under Section 302 IPC, the applicant alleged delay in FIR and lack of evidence against him. The High Court, noting the poison murder charge and the accused's copresence prior to death, rejected the bail plea stating no prima facie case for release at that stage.
What did the court decide?
Bail application rejected; no case for bail made out at this stage.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8015 of 2023
Applicant :- Satish Kumar Soni @ Lala Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Kumar Pandey,Prashant Gaur Counsel for Opposite Party :- G.A.,Chandra Prakash Tiwari
Hon'ble Umesh Chandra Sharma, J.
Heard learned counsel for the applicant, Sri Chandra Prakash Tiwari, learned A.G.A for the State and perused the record.
The instant application for bail has been moved on behalf of the applicant, Satish Kumar Soni @ Lala, with the prayer to enlarge him on bail in Case Crime No. 32 of 2022, under Sections 328, 302 I.P.C, Police Station - Panki, District Kanpur Nagar, during pendency of the trial.
Learned counsel for the applicant alleged that the applicant was never summoned by the I.O. before his arrest. There is no recovery on his pointing out after getting viscera report, the I.O. added Section 328 I.P.C. The Sessions Judge has rejected the bail application without applying his judicial mind and without considering the facts and circumstances of the case. There is no direct evidence against the applicant and there is only evidence regarding location of the deceased that on the date of occurrence, the deceased was in the residential area of the applicant, the chain of circumstantial evidences are not complete, there is no motive behind the crime. No father in law would kill his son-in-law when his daughter-in-law was living happily with the deceased. The wife of the deceased is deponent
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant accused in a case involving murder by poisoning under Section 302 IPC.
Whether the deficiency in police investigation and absence of recovery affects the grant of bail.
Whether the applicant has established a prima facie case against his complicity in the crime.
Parties & counsel
- applicant
Satish Kumar Soni @ Lala
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/8015/2023
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