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Allahabad High Court · body

1994 DIGILAW 595 (ALL)

SANJAY BAHAL v. STATE OF UTTAR PRADESH

1994-09-07

K.L.SHARMA

body1994
K. L. SHARMA, J. ( 1 ) THIS is the first bail application in this Court by the applicant Sanjay Bahal who is involved in Crime Case No. 162 of 1994 under Sections 302/201, I. P. C. ; P. S. Dalanwala, district-Deharadun. ( 2 ) I have hear d Sri J. S. Sengar learned counsel for the applicant and Sri K. K. Arora learned counsel for the complainant as well as learned A. G. A. at length. ( 3 ) LEARNED counsel for the applicant has submitted that the first information report lodged by the brother-in-law of the deceased did not specify any name of the accused persons and it is only during investigation that the applicant has been apprehended, but, there is no prima facie case made out against the applicant and even if there is any prima facie case, the applicant cannot be punished without trial and is entitled to bail. In support of his submission the learned counsel has recited a decision of the Honble Supreme Court in the case of Bhagirathsinh Judeja v. State of Gujarat, AIR 1984 SC 372 : 1984 Cri LJ 160. ( 4 ) LEARNED counsel for the complainant has replied that the material collected during investigation brought on record of this bail application by the applicant himself through the main affidavit and three supplementary affidavits clearly shows a prima facie case made out against the applicant and there is also material to indicate that the dead body of the deceased Varsha was attempted to be tampered with by the accused persons by burning it. He has further pointed out from the material brought on record by the applicant that besides the facts relating to different circumstances stated by the five persons examined by the Investigating Officer, there has been confessional statement of the applicant as well as another confessional statement of the co-accused Rajnish Bansal which can be read against the applicant and there are recoveries at the pointing of the applicant of the car, cartridges and other items and when this applicant was arrested, a licensed revolver was also recovered from his possession. ( 5 ) LEARNED counsel for the applicant has further submitted that the confessional statements alleged to have been made by the applicant and the co-accused Rajnish Bansal have to be ignored, not only under Section 27 of the Evidence Act, but also under Section 162 of the Cr. P. C. 1973 and only the fact relating to the discovery in pursuance thereof is relevant, which can be proved at the trial in support of his contention he invited our attention to the cases namely : (1) Pulukuri Kottaya v. Emperor, AIR 1947 PC 67 : 1947 (48) Cri LJ 533; (2) Narpal Singh v. State of Haryana, AIR 1977 SC 1066 : 1977 Cri LJ 642; (3) Sakal Deep v. State of U. P. , 1992 All Cri C 629 : 1993 All LJ 159. ( 6 ) THERE is no denying the principles of law as enunciated by the Privy Council, the Honble Supreme Court and our High Court. The facts and circumstances of each case have to be examined and then the relevant law or principle of law has to be applied. At present this Court is considering the bail application of the applicant who is involved in offences under Sections 302/201, I. P. C. This is true that the applicant or any other person was not named in the first information report lodged by the brother in law of the deceased. It is during investigation that the Investigating Officer has been able to find out certain facts and circumstances giving rise to the inference that the applicant along with co-accused Rajnish Bansal are involved in the crime. Material collected during investigation consists of the statements of several persons and the recoveries of the relevant materials confirming the inference of culpability of the applicant. This is true that the murder of the young girl Varsha aged 24 years has not been witnessed by any person but the circumstances revealed during investigation give a reasonable clue. The post-mortem report of the deceased girl has also been brought on record which also goes to show that the girl was a virgin and not a woman of loose virtues. However all this material collected during investigation is subject to the scrutiny at the trial by the Sessions Judge at the appropriate stage. The post-mortem report of the deceased girl has also been brought on record which also goes to show that the girl was a virgin and not a woman of loose virtues. However all this material collected during investigation is subject to the scrutiny at the trial by the Sessions Judge at the appropriate stage. I would not have embarked upon to state as aforesaid, if the learned counsel for the applicant had not argued on the facts and circumstances at length to point out that there was no prima facie case. ( 7 ) I have carefully gone through the entire material brought on record by the applicant and have given careful consideration to the submissions made by the learned counsel on both sides. I am of the opinion that on the material collected so far during investigation a prima facie case against the applicant is made out. The material also disclosed that the accused along with the co-accused had attempted to tamper with the dead body. Learned A. G. A. has pointed out that the release of the applicant on bail is likely to tamper with the evidence of the persons who have been examined by the Investigating Officer. I find substance in this apprehension. Therefore, if the bail is refused to the applicant till trial is over, it would not amount to any punishment. The right of liberty is not an absolute one. If a person is accused of an offence and there is sufficient material available to incriminate him and it has come on record that he has attempted to tamper with the dead body after commission of the crime or he is likely to tamper with the evidence either by coercing or threatening the witnesses or by removing a relevant fact or any material or he is likely to create terror or disturbance in the society or can affect the peaceful living of the people, his right of liberty can be curtailed by keeping him in jail for such a period as may be found necessary. The crimes are committed against the Society and therefore it is also a concern of the Society that the persons accused of an offence should be reasonably dealt with according to procedure established by law. The crimes are committed against the Society and therefore it is also a concern of the Society that the persons accused of an offence should be reasonably dealt with according to procedure established by law. If a person commits a heinous offence the whole society gets shock and if such a person is released on bail during investigation or trial, even though there is a prima facie case against him, the Society gets demoralised and the criminals get encouraged for terrorising the Society and tampering with the evidence available against them. ( 8 ) CONSIDERING the facts and circumstances of the case. I am of the opinion that the applicant Sanjay Bahal son of Om Prakash Bahal should not be released on bail till the trial of the case is over. Consequently the bail application is hereby rejected. Bail application rejected. .