Allahabad High Court: Sanjay Kumar Singh, J. while addressing a bail application of an accused expressed that,
“A criminal conspiracy is generally hatched in secrecy, and it is difficult to obtain direct evidence.”
Instant bail application was filed to seek bail in a case filed under Sections 302, 201, 120-B and 34 of the Penal Code, 1860 during the pendency of the trial.
Factual Matrix
Complainant who was the friend of the deceased lodged the FIR against the co-accused Shamshad (husband of present applicant Aysha Khatoon) for the offence under Section 364 of Penal Code, 1860 to the effect that the co-accused who was a Muslim by caste and already married had lured and masquerade the deceased 5 years ago and solemnized second marriage with her.
Thereafter, the deceased and her daughter started residing with him.
Deceased had informed the complainant about the torture and harassment along with the threat that co-accused used to subject her to due to her being aware of the first marriage of the co-accused.
Co-accused had confessed his guilt before the police wherein he confessed that the deceased resided with him under a live-in relationship, and he used to bear all the expenses of both the deceased.
Further, he added that co-accused-Shamshad also stated that the deceased was a very high ambitious lady and also spend a lot of money and was leading a luxurious life and when he tried to stop her from doing so, she started squabbling with him.
On an intervening night, the deceased started quarreling with co-accused and demanded money, then he strangulated the victim to death and also killed her daughter (second deceased) by putting the pillow on her face.
The co-accused even confessed that the dead bodies of both the deceased were hidden by him on the floor of the L.E.D room of his house. Police recovered the skeleton and other parts of the bodies in a decomposed condition.
Analysis, Law and Decision
High Court noted the fact that it was a brutal and heinous double murder case, in which a helpless mother, who blindly trusted upon the co-accused, Shamshad and living with him for the last 5 years and her little daughter had been flagitiously killed and their dead bodies had been hid by the co-accused Shamshad with the help of his brother-in-law in the floor of the room.
“Deceased would never have imagined that the place where they lived would become their graveyard.”
Bench noted the fact that the dead bodies of both the deceased had been buried by the co-accused to destroy the evidence.
Further, the High Court asserted that it is well settled that a man may tell a lie, but circumstances do not.
Hence, in view of the above background, the innocence of the applicant could not be adjudged at the pre-trial stage.
Therefore, while rejecting the bail application, Bench concluded stating that,
“…trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led uninfluenced by anything expressed in this order.”[Aysha Khatoon v. State of U.P., 2021 SCC OnLine All 548, decided on 16-08-2021]
Advocates before the Court:
Counsel for Applicant:- Yogendra Pal Singh, Avnish Kumar Srivastava
Counsel for Opposite Party:- G.A.
