Allahabad High Court
Ramesh And Another vs State Of U.P. on 23 September, 2020
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27390 of 2020 Applicant :- Ramesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajpal Singh Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record.
Applicants have moved the present bail application seeking bail in Case Crime No.85 of 2020, under sections 302, 201, 34 IPC, Police Station Husenganj, District Fatehpur.
Learned counsel for the applicants argued that the version as in the FIR is that a dead body of an unknown female aged about 30 years is lying in the canal which was seen by the first informant on 11.05.2020 at about 10.00 a.m. The said information was subsequently registered as FIR on 13.05.2020 against unknown person. Prior to the registration of the FIR the inquest on the body of the deceased was conducted as an unknown female. It is further argued that subsequently, on 12.05.2020 a police informer informed the Investigating Officer that there is a discussion in the village that the dead body which was recovered is of Poonam the daughter of Ramesh of village Deewan Ka Purva. The said information was recorded in the CD on 12.05.2020, a copy of which is annexed as Annexure- 5 to the affidavit. Subsequently, Ramesh gave an application to the police, mentioning therein that his daughter, Poonam was unwell and some medicine was given by one Ram Babu to her which was consumed by her after which her condition deteriorated and later on, she died. Subsequently, he with his wife went to Ram Babu who told them that he has not given any medicine and further instructed them the manner of cremation on which they took the dead body in a gunny bag and immersed it in Ramganga Nahar.
Learned counsel has further drawn the attention of the Court to Annexure- 5 of the affidavit which is the statement of Ramesh the father of the deceased who was made as an accused and it is argued that he has given a confession to the police that he has murdered his daughter. It is further argued that subsequently, on 21.05.2020 one Ajaybhan and Chhotelal were interrogated who have stated that on 08.05.2020 at about 12:40 a.m. they saw the applicants, Vijay Shanker, Ramesh and Akhilesh going somewhere together. The said statements are annexed as Annexure- 7 to the affidavit. It is argued that the police informer informed the police that the murder of Poonam has been committed by her mother, Smt. Shivkali and brother, Akhilesh by strangulating her which was given assistance by her father, Ramesh and the applicants along with Vijay Shanker were called and they had assisted in the disposal of the dead body. The said parcha is Annexure- 7 to the affidavit. It is further argued that later on, on 21.05.2020 Ajay Bhan Singh, Chhotey Lal and Ajay Kumar were interrogated by the Investigating Officer and their statements were recorded which are Annexure- 7 to the affidavit in which they have stated that on the fateful night they saw Akhilesh taking Poonam on his bicycle who was caught by Vijay Shanker and Naresh, Ramesh and Kamlesh were also going with them. It is thus argued that the present case is a case of circumstantial evidence without any eye-witness account. The implication of the applicant is false and without any substantive evidence. It is further argued that the police has shown a recovery of a cloth allegedly used to murder the deceased on the pointing out of co-accused, Akhilesh. The said recovery memo is annexed as Annexure- 8 to the affidavit. It is argued that the applicants have no motive to commit the aforesaid offence. They have been falsely implicated in the matter.
Learned counsel for the applicants further submits that co-accused Kamlesh and Naresh have already been granted bail by this Court vide order dated 06.08.2020 passed in Criminal Misc. Bail Application No.20285 of 2020. Submission is that the case of the applicants are on worse footing than that of co-accused who has already been released on bail, and therefore, on principles of parity also the applicants should be released on bail.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 14.05.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicants may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicants Ramesh and Smt. Shivkali involved in Case Crime No.85 of 2020, under sections 302, 201, 34 IPC, Police Station Husenganj, District Fatehpur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicants will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicants will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 23.9.2020 C. MANI