Bhuvana Iyer – Mumbai Uncensored, 24th January 2022 :
“Caste system in our society is deep-rooted, we boast ourselves as an educated society but we live our lives with double standards. Even after 75 years of ndependence, we are not able to get out with this social menace,” remarked Allahabad High Court recently as it granted bail to a murder accused in connection with an alleged Honour Killing case.
The Bench of Justice Rahul Chaturvedi also observed that it is the moral duty of those sane people, who are well-off, to protect the underprivileged and downtrodden so that they feel safe, secure and comfortable.
Background of the Case:
The Court was hearing an appeal filed by one Sanni Singh [booked under Sections 302, 307, 506, 120B IPC I.P.C] who had been denied bail by the lower court.
The informant who got registered the FIR, alleged that his younger brother (Anis Kumar/Deceased), who hailed from schedule caste community and was a Gram Panchayat Adhikari, was killed by a group of 17 men in broad daylight as during his training period, he had developed some amount of intimacy with his course-mate, who hail from upper caste and later on, he had married her.
It was further alleged that since the girl’s family could not come to terms with this marriage, they, after hatching the conspiracy, killed Anis Kumar in broad daylight.
The informant also alleged that Abhishek Tiwari Vivek Tiwari and Sanni Singh (applicant) on account of their previous enmity, actively participated in this offence and thus, facilitated them to commit this cold-blooded, daylight murder of Anis Kumar.
Arguments:
The Court perused the 161 Cr.P.C. statement of the wife of the deceased and noted that she had not even whispered a single word against the applicant.
The Court further found substance in the argument posed by the counsel for the applicant and noted that neither from the applicant, nor his pointing out, the police had recovered any incriminating material.
The Counsel for the applicant argued that his case is on a better footing than that of Nalin Mishra, Ajay Mishra Abhishek Tiwari etc. who are the blood relatives of the wife of the deceased and who have already been granted bail.
Referring to the above named person, the counsel argued that they might have some motive in the commission of offence but so far as the applicant is concerned he is rank outsiders having no concerns whatsoever in the commission of the offence.
Court’s Observations:
Against this backdrop, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the counsel for the parties, taking into account the manner and mode of the offence and the period of detention already undergone, and also without expressing any opinion on merits of the case, the Court concluded that the appellant had made out a case for bail.
However, the Court was deeply saddened when the informant in the matter complained that the widow of the deceased and his other family members were in the sun and wanted to have a safe shelter.
the Court directed the S.S.P. Gorakhpur provides necessary security to the family members of the deceased and thereafter, having periodical assessment, deploy the requisite security during the trial and take stringent action against every person who wants to take the law in his hands.
