Dismissed

Smt. Rajrani v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Allahabad HC18 Jul 2024BAIL/449/2023

Case brief

AI extract

What is this about?

In this Criminal Misc. Bail application, the High Court of Judicature at Allahabad rejected the bail plea of the applicant accused of murder committed for occult rituals. The bench held that the nature of the offence precluded bail and directed compliance regarding witness examination.

What did the court decide?

Bail application rejected; trial court directed to ensure specific witnesses are examined; direction for appointment of Amicus Curiae.

Smt. Rajrani Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48424

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 449 of 2023

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Applicant :- Smt. Rajrani Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

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Counsel for Applicant :- Firoz Ahmad Khan,Rajiv Raman Srivastava,Vaibhav Srivastava,Vishnu Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant and learned A.G.A.

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In terms of the F.I.R., it was alleged that grand father of the informant aged about 55 years had gone to the tubewell in the agricultural fields for spending night there. When the co accused Dhokhai Kori killed him by the use of axe and thereafter took his head away. It was stated that there was an enmity in between grand father of the informant with the main accused Dhokhai who used to alleged that that the deceased had helped in enticing away his daughter. Subsequently, the statement of the co accused was recorded for investigating the head which was chiseled out from his body.

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Subsequently, on information, the applicant had informed that her son had become mentally unstable and after various statements, the condition did not improve when the advice of an occult practitioner Ram Nath Kori was taken. It was stated that she alongwith her husband used to do certain religious practices to cure their son and both of them decided to use a human skull for the religious tantrik practices so that their son may improve and as such the deceased was killed and his head was taken for religious practices and thereafter the head was buried. Subsequently, the head was recovered at the instance and

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pointing out of the applicant under the mud. From the place of skull, some incense sticks were found on the head, as such the applicant and her husband were being implicated and tried for the offence in question.

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Learned counsel for the applicant argued that the applicant was linked with the offence in question based upon the alleged recovery and in any case the applicant cannot be tried for an offence under Section 302 I.P.C.

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It is further argued that the applicant is a poor lady and is in custody since 9.5.2021 and only one witness has been examined so far as such the applicant may be enlarged on bail.

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Learned A.G.A. has strongly opposed the prayer for bail by arguing that a gruesome act was committed by the accused and in furtherance of the said act, the skull was buried in the mud allegedly for occult benefits and considering the nature of the offence where an old man was done to death as such the bail application should be rejected.

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What transpires from the record is that the headless body was recovered and allegations were levelled against the husband of the applicant. Subsequently, in terms of the confessional statement and the recovery of skull without body at the instance and pointing out of the applicant's husband clearly makes out that a gruesome act was allegedly done by these two persons for their occult benefits.

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Considering the nature of the offence committed and the manner in which the same has been committed, no case for bail is made out. The application for bail is rejected.

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The trial court is directed to ensure that the statements of the witnesses specifically the witnesses shown at serial no.8,9 and 10 of the list

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of the witnesses are examined and cross examined with all expedition

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As all the said three witnesses are police witnesses, Superintendent of Police, Faizabad is directed to ensure that the said three witnesses appear for their deposition before the trial court.

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As it is argued by learned counsel for the applicant that the applicant is a poor lady, it is further directed that the trial court shall make available an Amicus Curiea to the applicant, if so desired by the applicant on her making request, before the trial court.

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OfÏce is directed to send the certified copy of this order to the trial court concerned as well as Superintendent of Police, Faizabad for its compliance.

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Order Date :- 18.7.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Rajrani v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Smt. Rajrani v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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