The Allahabad High Court recently granted bail to woman, accused of killing her daughter's lover (Sulekha v. State of UP)..Single judge Justice Rajiv Joshi granted bail to one Sulekha after placing reliance on Supreme Court's decision in Dataram Singh v. State of Uttar Pradesh. "Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, [(2018) 3 SCC 22] without expressing any view on the merits of the case, I find it to be a case of bail," the order said. .By way of background, a first information report (FIR) was lodged against unknown persons based on a complaint by the brother of the deceased claiming that the deceased had stepped out of the house and not returned. The man’s body was recovered on October 14, 2019 from the basement of the house of the co-accused Munna @ Hariom, the applicant's husband.The applicant-wife was implicated and charged under Sections 302 (murder), 201 (causing disappearance of evidence) and 365 (kidnapping with the intent to confine the person) of the Indian Penal Code. .The counsel for the applicant pointed out that the alleged motive for committing offence against the applicant was that the deceased was having a love affair with the daughter of the applicant, who was also one of the co-accused.It was contended that the accused is innocent and has been falsely implicated. The post-mortem report showed that cause of death was asphyxia due to ante-mortem strangulation but there was no direct or indirect evidence against the applicant in this regard. It was further submitted that charges have not been framed and applicant being a lady, is entitled to interim relief.It was also contended that the applicant has no criminal history and if released on bail, she will not misuse her liberty but will cooperate with the trial. Importantly, it was contended that there is no prospect of trial in the present case concluding in near future due to heavy dockets..On the other hand, Additional Government Advocate appearing for the State vehemently opposed the prayer for bail but the Court said that he could not dispute the facts and legal submissions argued by the counsel for applicant..The Court, therefore, granted bail to the applicant. .[Read Order]
The Allahabad High Court recently granted bail to woman, accused of killing her daughter's lover (Sulekha v. State of UP)..Single judge Justice Rajiv Joshi granted bail to one Sulekha after placing reliance on Supreme Court's decision in Dataram Singh v. State of Uttar Pradesh. "Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, [(2018) 3 SCC 22] without expressing any view on the merits of the case, I find it to be a case of bail," the order said. .By way of background, a first information report (FIR) was lodged against unknown persons based on a complaint by the brother of the deceased claiming that the deceased had stepped out of the house and not returned. The man’s body was recovered on October 14, 2019 from the basement of the house of the co-accused Munna @ Hariom, the applicant's husband.The applicant-wife was implicated and charged under Sections 302 (murder), 201 (causing disappearance of evidence) and 365 (kidnapping with the intent to confine the person) of the Indian Penal Code. .The counsel for the applicant pointed out that the alleged motive for committing offence against the applicant was that the deceased was having a love affair with the daughter of the applicant, who was also one of the co-accused.It was contended that the accused is innocent and has been falsely implicated. The post-mortem report showed that cause of death was asphyxia due to ante-mortem strangulation but there was no direct or indirect evidence against the applicant in this regard. It was further submitted that charges have not been framed and applicant being a lady, is entitled to interim relief.It was also contended that the applicant has no criminal history and if released on bail, she will not misuse her liberty but will cooperate with the trial. Importantly, it was contended that there is no prospect of trial in the present case concluding in near future due to heavy dockets..On the other hand, Additional Government Advocate appearing for the State vehemently opposed the prayer for bail but the Court said that he could not dispute the facts and legal submissions argued by the counsel for applicant..The Court, therefore, granted bail to the applicant. .[Read Order]
