Mehraj v. State of U.P.
Case brief
What is this about?
Criminal Bail Application dismissed for want of prosecution and on merit considering sufficient evidence including weapon recovery and dead body pointing out by accused in a murder case.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3976 of 2021
Applicant :- Mehraj Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava,Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
List revised.
None present for the applicant even in revised call. However, Shri Pankaj Tripathi, learned A.G.A. for the State is present. Perused the material available on record.
Learned A.G.A. submits that it is a case of circumstantial evidence, however, chain of circumstances is absolutely intact and the applicant is main accused. He further submitted that not only the weapon used in the commission of crime but the dead body was also recovered from the pointing out of the accused-applicant and other co-accused persons. There is sufficient evidence to record the conviction of the applicant.
Considering the submission of learned A.G.A. no prima-facie case is made out in favour of the applicant, therefore, the present application is dismissed for want of prosecution and on merit as well.
Order Date :- 17.3.2023 S.Verma
Issues for consideration
1 issue framed by the court
Whether prima-facie case for bail under Section 437/439 CrPC is made out in a case of circumstantial evidence.
Parties & counsel
- applicant
Mehraj
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/3976/2021
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