High Court of Judicature at Allahabad
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Sanjay v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 6168 of 2006  RD-AH 10911 (4 July 2006)
Hon. (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Sanjay arraigned in case Crime No. C-5 of 2006 under sections 302, 201 I.P.C., Police station Sikandrabad, district Bulandshahar.
Heard Sri D. R. Chaudhary, learned counsel for the applicant, learned AGA and have perused the record.
The applicant is said to have committed rape and murder of informant's married daughter on 13.2.2004 at 4 p. m. in the wheat field.
The learned counsel for the applicant submitted that there is no direct or medical evidence indicating commission of the offence of murder and rape. The learned counsel submitted that the incident had taken place about a year before the date of registration of the first information report. The learned counsel urged that the witnesses Virendra and Natthu had not viewed the commission of rape and murder.
The learned AGA argued that there are two eye witnesses namely Natthu and Virendra who had seen the applicant running away from the place of the offence towards the side of the village.
I have taken into consideration the submissions advanced on behalf of both the parties.
The prosecution case depends on circumstantial evidence. The only incriminating circumstance against the applicant is that he was seen running away from the spot. There is no medical evidence indicating commission of rape and murder. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Sanjay arraigned in case Crime No. C-5 of 2006 under sections 302, 201 I.P.C., Police station Sikandrabad, district Bulandshahar, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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