Neutral Citation No. - 2023:AHC-LKO:45899

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8896 of 2023

Applicant :- Ramu Gautam

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

Counsel for Applicant :- Manoj Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned AGA and perused the record.

3. The F.I.R. in question was lodged under Section 302 I.P.C. at P.S. - Ikauna,

District-Shrawasti alleging that the husband of the informant used to return

home by 6:00 p.m., however, on 19.5.2023, he did not return back. As he did not

return back by 7:20 a.m., the informant along with her son-Ramu went to the

fields of sugarcane to search for husband of the informant and on removing

certain leaves, the dead body of husband of the informant was lying. In the said

F.I.R., it was alleged that the relatives of the informant Putti Lal and Shiv

Kumar, who are father and brother of the applicant, were having enmity with

husband of the informant with regard to inheritance as such they may have

caused offence in question. Subsequently, the informant also recorded his

statement under Section 161 Cr.P.C. wherein she reiterated the same as

contained in F.I.R. Thereafter, the statement of the independent witnesses

including the initially named accused were recorded who said that the applicant

was a drug addict and used to fight with his father who did not give enough

money as such they came to know that it was the applicant who committed the

offence. It was also stated by independent witness namely Ramdev Gautam that

in the village there were rumors that apart from applicant, nobody was seen

coming from the fields of the deceased. It is informed that apart from these,

similar statements were recorded by two other witnesses namely Satya Prakash

Vishwakarma and Dinesh Singh. The applicant based on the said statements as

well as the extra confessional statement and the alleged recovery of the weapon

at his instance was apprehended and is in custody Since 21.05.2023. The

informant who is the mother of the applicant, apart from the statement and the

information given earlier, did not give any statement with regard to the applicant

and as to whether he was involved in drugs as alleged by the independent

witness, in fact, the affidavit in the present case has been filed by the mother in

support of the applicant.

4. Learned counsel for the applicant argues that instead of apprehending the real

culprit, solely based upon the statements which are here say in nature and self

confessional statement, the applicant has been arrested and is in custody Since

21.05.2023. The applicant has no criminal antecedents.

5. The learned A.G.A. opposes the bail application by arguing that based upon

the statements of the witnesses as well as the recovery at the instance of the

applicant, the applicant has been rightly arrested and keeping in view the gravity

of offence, bail application deserves to be rejected.

6. Considering the arguments made at the bar, Prime-facie the applicant has

been apprehended based upon the statements of the witnesses which are hear

say, self-confessional statement and the recovery of the weapon which is not in

the presence of any independent witness. The mother of the victim, has not

deposed against the applicant, so as to form any opinion about his motive. The

applicant has no criminal antecedents and is languishing in jail Since

21.05.2023.

Let the applicant Ramu Gautam be released on bail in FIR No.100 of 2023

under Sections 302 I.P.C. at P.S. - Ikauna, District-Shrawasti on his furnishing a

personal bond with two sureties of the like amount each to the satisfaction of

court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence