Dismissed

Satish Chandra Yadav v. State of U.P. and Another

Allahabad HC16 May 2023CRLA/513/2023

Case brief

AI extract

What is this about?

In Criminal Appeal No. 513 of 2023, the Allahabad High Court dismissed the appellant's appeal against the Special Judge's order rejecting his bail in a murder case. The court found no grounds to enlarge the applicant on bail based on the evidence and circumstances presented.

What did the court decide?

The High Court dismissed the criminal appeal and directed the trial court to conclude the trial within one year.

Satish Chandra Yadav Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:106775 Reserved On:-05.05.2023 Delivered On:-16.05.2023

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Case :- CRIMINAL APPEAL No. - 513 of 2023 Appellant :- Satish Chandra Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Akash Mishra Counsel for Respondent :- G.A. Hon'ble Siddharth,J.

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Heard Sri Akash Mishra, learned counsel for the appellant and the learned A.G.A. for the State.

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The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 23.12.2022 whereby the Special Judge, SC/ST Act, Etawah, in Bail Application No. 2551 of 2022, has rejected the bail application of the appellant moved by him in Case Crime No. 139 of 2022, under Sections 302, 201 IPC and Section 3(2)(5) of SC/ST Act, Police Station- Usrahar, District Etawah.

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On 22.06.2022 at 9:07am chowkidaar of the village gave information about presence of a dead body of a woman in a drain besides road. The aforesaid information was registered in G.D. No. 31and police got the inquest on the deady body of the deceased conducted on the same day from 9:30 am to 9:55 am. From the place of recovery of dead body, police recovered bloodstained earth, one pair of sleepers and one bullet. On 25^th June, 2022 post mortem of the dead body of the deceased was conducted and cause of death was found to be ante motem fire arm injury and then FIR was lodged by the Sub-inspector, Geetam Singh, on 25.06.2022. Thereafter, Sub-inspector aforesaid brought on record a duty slip of Katihar Travel and Taxi Services recovered from the place of incident where the inquest of the dead body was conducted. It found that the appellant who is a resident of Etawah, and was earlier employed by the aforesaid travel agency and thereafter, the appellant was arrested and recovery of articles of yellow metal of the deceased, her mobile phone, adhar card, pan card, gas booking booklet, etc., were shown to have been recovered and confessional statement of the appellant was recorded to this effect.

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Learned counsel for the appellant has submitted that there is no independent witness of the alleged recovery. The statement of the minor son and daughter of the informant are not reliable since they are not the

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eye witness of the incident. There is no motive for the appellant to commit the alleged offence. There is no ballastic report of the fire arm recovered. No one from the family of the deceased got the FIR registered. He has submitted that it is a case of circumstantial evidence and the court below has not properly considered the case of the appellant and rejected his bail application.

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Learned AGA has vehemently opposed the prayer for the bail of the appellant and has submitted that it is clear from the statement of the child witnesses that the appellant had taken them and their deceased mother together in a car. They fell asleep in the car and in the morning when they awoke, they were dropped to the house of the sister of the appellant. The son of the deceased asked him, where his mother is and he infomred that she is in hospital. The motive of crime has been accepted by the appellant in his confessional statement as affair of the deceased with the other men also which he disliked. He had friendship with the husband of the deceased and developed intimacy with the deceased. The recovery of the articles belonging to the deceased have been made on the pointing out of the appellant.

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This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.

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The criminal appeal is accordingly, dismissed. The order of the court below is affirmed.

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The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.

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Order Date:16.05.2023

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Abhishek

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Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad

Satish Chandra Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Satish Chandra Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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