Saurabh v. State of U.P.
Case brief
What is this about?
The court allowed bail applications filed by two accused persons accused of murder, robbery, and criminal conspiracy, noting a lack of evidence besides confessional statements and contested recovery.
What did the court decide?
Release of applicants Saurabh and Yunush on bail on furnishing a personal bond and two reliable sureties each.
What the court decided
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7779 of 2018
Applicant :- Saurabh Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7789 of 2018
Applicant :- Yunush Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, and learned A.G.A. for the State.
These bail applications have been moved by the accused-applicants Saurabh and Yunush who are involved in Case Crime No. 89/2016, under Sections 302, 394, 411 and 120-B I.P.C., Police Station- Gajraula, District J.P. Nagar.
As per prosecution version, Shri Raj Kumar Singh father of informant (Suraj Kumar), was driver in Anarsal Aliz and Steel Private Limited. On 20.02.2016, at 6:30 a.m. he had gone to Aligarh by driving the canter to load goods from the company. In the mean time, his dead-body was recovered in the canter near Kheda Mandir and F.I.R. was lodged on 20.02.2016 at 11:20 a.m. under Section 302 I.P.C. against unknown person. Later on in the statement of Pankaj Chaudhary under Section 161 Cr.P.C. it is stated that Rs. 17 lacs was entrusted to deceased (Raj Kumar Singh) to deposit in the bank. On 01.03.2016 about 2:30 p.m. applicant with co-accused Pradeep and other two persons Kuldeep and Shamim was arrested by police in case of police party firing. On pointing of co-accused Pradeep Rs. 3 lacs and on the pointing of applicant Saurabh Rs. 3.5 lacs were recovered. On 26.03.2016 at the pointing applicant Yunush Rs. 1.5 lacs was recovered. There was company seal on the recovered money.
Issues for consideration
2 issues framed by the court
Whether the applicants are entitled to bail given the lack of evidence beyond confessional statements and alleged forged recovery.
Whether the recovery of money from the applicants implicates them in the murder and robbery case.
Parties & counsel
- applicant
Saurabh
- applicant
Yunush
- respondent
State Of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/7779/2018
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