Sanju v. State of U.P.
Case brief
What is this about?
This bail application under Section 302 IPC was heard by the court, which observed that the motive was a love affair and there was no last seen evidence, yet reasoned that prima facie satisfaction existed, granting bail.
What did the court decide?
Applicant released on bail by executing a personal bond and furnishing two sureties.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34667 of 2021
Applicant :- Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.,Anjani Kumar Singh,Chandan Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention in brief is that it is a case purely based on circumstantial evidence. Now, insofar as the motive is concerned, the motive is with respect to love affair going on between the applicant and the deceased. The applicant was in touch with the deceased on Mobile No.7607810646 (Cellphone number of the deceased) through his cellphone number 7266974864. Apart from that, there is not an iota of evidence or circumstance which may connect the applicant with the commission of the crime. May be that high suspicion arises in this case but that would not form the basis for the applicant to be guilty, for the reasons that there is no last seen evidence that the applicant was ever seen accompanying the deceased on the fateful day or at the relevant point of time, near the place of occurrence and there is no recovery whatsoever worth its name which may implicate or directly link the applicant with the commission of crime and it being so, the various links in the chain of circumstances, are altogether missing.
Per contra, Sri Chandan Singh, learned counsel for the informant brought to the notice of the Court the statement of the applicant, Sanju and CD record of the same provided by the Investigating Officer which itself reflective of the entire episode
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case based on circumstantial evidence and lack of last seen evidence.
Whether there exists a reasonable apprehension of tampering with witnesses justifying bail.
Parties & counsel
- applicant
Sanju
- respondent
State of U.P.
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/34667/2021
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