Sameer @ Mohammad Faiz vs State Of U.P.

1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.36 of 2024, under Sections 363, 366, 304A, 120B, 201 IPC, Police Station Colonelganj, District Kanpur Nagar.

3. Learned counsel for the applicant states that the applicant has been falsely implicated in the present case. The applicant has no criminal antecedents. The applicant and the victim had married each other and the victim, who had suffered a snake bite, died of natural causes and no offence under Section 304A, 120B and 201 IPC is made out. He further contends that the victim was buried, her dead body was exhumed and in her postmortem examination report, no incriminating evidence could be discovered against the applicant. Learned counsel has further contended that in the statement of some independent witnesses, the fact of the deceased suffering a snake bite is clearly established.

4. Learned AGA has opposed the prayer for bail and has contended that the applicant had abducted the victim and, thereafter, due to his rash and negligent act, the victim died.

5. I have considered the submissions made by Learned counsels for the parties.

6. The FIR has been lodged after one day of the occurrence. From the version of the FIR, it prima facie appears that the victim and the applicant may have been in a romantic relationship. The confessional statement of the victim indicates that the applicant and the victim were in a romantic relationship and had eloped. They were living at Rawatpur and on the promise of some employment, the applicant and the victim had supposedly gone to Sultanpur where she had been bitten by some animal/insect. She was supposedly examined at District Hospital, Sultanpur and then referred to Lucknow and while she was being taken to Lucknow, she supposedly died.

7. A chargesheet has been submitted against the applicant and the applicant is no longer required for any custodial arrest or interrogation. The postmortem report, which has been prepared after exhuming the dead body, also does not show the cause of death as the dead body had decomposed. The independent witnesses, who were examined during investigation, have stated that the applicant and the deceased used to work at an ice cream factory as labourers. An eye witness Anil S/o Bandhu Lal has been examined, who has stated that the deceased had received a snake bite/insect bite sometime in the month of October 2024 at night.

8. Taking into account the entire facts and circumstances of the case, the period of detention of the applicant and the lack of criminal antecedents, a prima facie case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant, Sameer @ Mohammad Faiz, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

(i) The applicant will not tamper with the evidence.

(ii) The applicant will not indulge in any criminal activity.

(iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

(iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

10. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

13. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case.

(Rajiv Lochan Shukla,J.)

May 7, 2026

A. Pandey