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2008 Supreme(All) 1275
ALLAHABAD HIGH COURT
V.K.Verma
SAHAB SINGH
Versus
STATE OF U P
Decided On : 03 June 2008
Criminal Misc. Bail Application No. 6830 of 2008
D.D.Yadav,
The admissibility and strength of evidence, particularly extra-judicial confession, in bail applications and the consideration of circumstances influencing the court's decision.
Headnote:
Bail - Murder Allegation - Admissibility of Evidence
Fact of the Case:
The applicant was accused of murdering the deceased, who had gone to demand money from the applicant and was later found dead. The main evidence against the applicant was an extra-judicial confession, which the applicant's counsel argued was weak and inadmissible. The prosecution opposed the bail application on the grounds of the murder allegation.
Finding of the Court:
After considering the facts and circumstances of the case, the court granted bail to the applicant without expressing any opinion on the merit of the case.
Issues: The admissibility and strength of the extra-judicial confession as the main evidence against the applicant, and the opposition of the bail application based on the murder allegation.
Ratio Decidendi: The court's decision to grant bail was influenced by the weakness of the evidence, particularly the extra-judicial confession, and the lack of a report being lodged by the deceased's father until two days after the deceased had gone missing.
Final Decision: The court granted bail to the applicant on the condition of executing a personal bond and furnishing sureties to the satisfaction of the Chief Judicial Magistrate.
Learned AGA has filed counter affidavit, which is taken on record.
2. Heard Sri D. D. Yadav, learned Counsel for the applicant, learned AGA for the State and perused the papers.
3. The allegation against the appli cant is that the deceased Jamuna Das had gone to the house of the applicant on 19. 12. 2007 saying that he was going to de mand his money from the applicant and thereafter, on 21. 12. 2007 his dead body was found lying in the field of Daya Shankar.
4. The main submission made by learned Counsel for the applicant in sup port of the bail application is that the only admissible evidence against the applicant is the so called extra judicial confession which is said to have been made before two wit nesses Latorey and Parmal, which is weak type of evidence and there was no occasion for the applicant to make confession before these persons, who were not in a position to save the applicant from the police.
5. Next submission is that the de ceased had gone on 19. 12. 2007 from his house, but no report was lodged by his fa ther up to 21. 12. 2007.
6. On the contrary, bail application has been opposed by the learned AGA on the ground that the applicant had commit ted murder of the deceased.
7. Having gone through the entire papers carefully and keeping in view all the facts and circumstances of the case, without expressing any opinion on merit, the applicant may be granted bail.
8. Let the applicant Sahab Singh s/o Bharat Singh involved in case crime No. 757 of 2007, under sections 302, 201ipc & 3 (2) (V) S. C. /s. T. Act, P. S. Ata, District Jalaun be released on bail on his executing a personal bond of Rs. 50, 000/- and fur nishing two sureties each in the like amount to the satisfaction of the Chief Ju dicial Magistrate concerned.
Bail Granted.
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