High Court of Judicature at Allahabad
Case Law Search
Dharm Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 175 of 2006  RD-AH 649 (10 January 2006)
Court No. 19
Crl. Misc. Bail Application No.175 of 2006
Dharm Singh.....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant is involved in case crime No.443 of 2005, for the offence under Sections 364, 302,201 I.P.C., Police Station Achhnera, district Agra.
It is alleged that on 19.9.05 at 2.00 p.m. accused persons were waiting for the truck in which the deceased was coming. They got the truck stopped and after beating the deceased they took him away and then killed him. The report was lodged on 20.9.2205 at 8.50 a.m. The distance of police station is three furlong from the place of occurrence. In the post mortem report the cause of death could not be ascertained and as such viscera was preserved. No ante mortem injury was found on the body of the deceased. On the basis of an extra judicial confession made by Dumber Singh accused ( non applicant), the investigation proceeding further and on his pointing out the dead body which was recovered from the bank of canal
Against the genuineness of the prosecution case and proposed evidence and also involvement of the accused, it was argued that the entire case is based on the so called extra judicial confessional statement of Dumber Singh accused ( non applicant). According to the statement under Section 161 Cr.P.C. the deceased was first beaten then abducted and then he was killed but in the post mortem report any type of injury has not been found on the body. Even the cause of death could not be ascertained. The motive as mentioned the extra judicial confession of accused Dumber Singh is that he had a suspicion that is nephew had been kidnapped by father of the deceased. As such the case of the applicant is distinguished from the main accused on whose pointing out the dead body is said to have been recovered.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, particularly in the back drop of allegation of marpeet absence of any injury on the body of the deceased and the case being based on extra judicial confession of main accused Dumber Singh, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
Double Click on any word for its dictionary meaning or to get reference material on it.