Allahabad High Court
Sanjay Upadhyay vs State Of U.P. on 14 May, 2018
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 48
Case :- CRIMINAL APPEAL No. - 4280 of 2017
Appellant :- Sanjay Upadhyay
Respondent :- State Of U.P.
Counsel for Appellant :- Rajeev Chaddha
Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Ref: Criminal Misc. Bail Application No.252987 of 2017
This application has been moved on behalf of applicant-appellant seeking his release on bail, who has been convicted and sentenced in S.T. No. 10 of 2014, State versus Sanjay Upadhaya, arising out of Case Crime No. 117 of 2013, under Section 304-II IPC, P.S. Charva, District Kaushambi.
Submission of learned counsel for the applicant-appellant is that the appellant has been in jail for the last five years and, therefore, he should be released on bail on the ground of his long detention.
Heard learned AGA and perused the record.
Ordinarily, this Court leans favourably towards setting the accused-appellant at liberty in cases of longer detention and specially in cases where the appellant has undergone more than half of the sentence. But it goes without saying that such a consideration cannot be brought into application as any straight jacket formula to be applied in a cut and dried manner without keeping in perspective the merits of the case. The record shows that certain features are highly incriminating against the accused-appellant. The post mortem report indicates that the deceased had incurred a contusion of 9 cm. x 3 cm. on her neck. Not only this both her palms were found lacerated by the doctor, yet another very disturbing feature in the post mortem report is that there was bleeding found from the anus. All these injuries are sufficient to demonstrate that this is not a case of suicidal hanging. Laceration of palms and the bleeding of anus are not the features which may be said to be compatible with the defence theory that was initially projected by the accused. This attempt of the accused speaks of his guilty conscience and was obviously calculated to mislead the people to wrong conclusions. There appear to be strong circumstances to indicate that it was a case of homicidal death amounting to murder. Learned AGA has submitted that this is a case in which the accused-appellant has been inadequately sentenced to undergo seven years imprisonment only while it was a clear case of murder. According to the findings recorded by the trial court, the appellant lived separately with the deceased. The defence plea raised on behalf of the accused that the deceased had committed suicide because of a quarrel is repugnant to the findings of post mortem report which reveals that she was definitely subjected to cruel violence before her death. Autopsy report has all the compatible features confirming the homicidal death. In fact, the statement of the accused suggesting some prior quarrel said to have taken place goes one step more towards showing his instant motive behind killing her. In such circumstances, the Court is of the opinion that the appellant being the husband was having first responsibility to ensure the welfare and security of his wife and who is also having the major and principal onus to explain the unnatural death of the deceased taking place in abnormal circumstances. The accused was also having burden to explain such death under Section 106 of the Indian Evidence Act as the circumstances under which she died were within the special knowledge of the appellant, who admits to have had a quarrel with the deceased soon before her death. The explanation offered in this regard is not only unsatisfactory and inadequate, it also appears to be patently false. In such circumstances, keeping in view the gravity of the offence it does not appear to be a case where the appellant should be released on bail merely on the ground of long detention.
In the aforesaid background, therefore, the bail application stands rejected.
Order on Appeal.
The appeal may be listed for hearing in due course after preparation of the paper book.
Order Date :- 14.5.2018
CPP/-
