The issue in the case was a plea granting bail to a person accused of murder was dealt and decided by a bench of Allahabad High Court consisting of Justice Rahul Chaturvedi in the matters between Sanni Singh v. State of Uttar Pradesh CRIMINAL APPEAL No. – 4520 of 2021 decided on 20.1.2022.
The facts of case are the FIR was registered after a complaint by the older brother of a man who was killed in broad daylight by a group of more than 17 people. The informant claimed that his brother, who belongs to the Scheduled Caste community, was appointed as Gram Panchayat Adhikari in Gorakhpur and allegedly developed an intimacy with an upper caste woman who was his party mate during his training period.Sanni Singh was charged in a murder case and charged under Sections 302, 307, 506 and 120B of the Indian Penal Code and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court was hearing Singh’s criminal appeal for overturning the decision of a special judge who refused his bail.
The counsel of appellant contended that the applicant’s case is much better founded than that of Dipti Mishra’s close relatives, who are said to have been involved in this case.It is clear from the FIR that a random statement was made in the last lines of the FIR that the name of the applicant was deliberately dragged due to previous hostilities. The applicant had no connection or reason to commit the crime. Sanni Singh is not emotionally attached to Dipti Mishra and is not a family member, and this theory was surfaced by the prosecution that it was an honour killing.
The counsel of respondent claimed that Dipti Mishra, who set out with the deceased person’s family, faced threats from the above-mentioned defendants, and that only 11 of the 17 mentioned had been caught so far. by the police. The entire family of the deceased poses a great threat from the aforementioned defendants. If the applicant is released on bail, all released on bail, the defendants will make the life of Dipti Mishra and other family members of the deceased miserable.Heavy reliance was placed on the judgement of Rama Devi Nayar Vs. State of Rajasthan reported in 2020(4)SCC Crl.185 which was a honour killing case where the applicant was the main conspirator who conspired to kill his sister’s husband.
The Allahabad High Court held that in an educated society, the caste system is deeply rooted, we pride ourselves on it, but we live our lives with double standards. Even after 75 years of independence, we cannot escape this social threat. The court complained that this is pathetic and tragic. The moral duty of sane people with their wealth is to protect the privileged and the oppressed so that they can feel safe, secure and comfortable. The plaintiff filed a lawsuit for bail, taking into account the nature of the crime, the evidence, the defendant’s complicity, the form and form of the crime and the period of detention, and also the statements of the counsel without expressing any opinion on the merits of the case. The court granted the bail and allowed the appeal in the above-mentioned case crime number as he has given a personal bond. The accused was ordered not to falsify evidence or witnesses and to appear before the court whenever requested and also instructed the police officers to provide the applicant’s family with the necessary security.
Judgement reviewed by Bhaswati Goldar