Allahabad High Court High Court

Sanjay vs State Of U.P. on 3 August, 2010

Allahabad High Court
Sanjay vs State Of U.P. on 3 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20192 of 2010

Petitioner :- Sanjay
Respondent :- State Of U.P.
Petitioner Counsel :- A.N.Pandey
Respondent Counsel :- Govt. Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant and learned A.G.A. appearing
for the State.

It is contended by the learned counsel for the applicant that the
applicant himself moved an application regarding missing of his wife at
the Police Station Dadon District Aligarh on 1.1.2010 and thereafter
moved another application to Senior Superintendent of Police,Aligarh
dated 8.1.2010 about tracing out of his missing wife and dead body
was found which was not unidentified by father of the deceased and
after about 4 months it has been claimed by father of the deceased
that dead body was wife of the applicant.

Learned A.G.A. contended that wife of the applicant went with the
applicant but did not come back and there is allegation that applicant
was involved in committing the murder of his wife.

Case is based on circumstantial evidence. The applicant himself move
an application regarding missing of his wife at the Police Station
Dadon District Aligarh on 1.1.2010 and thereafter moved another
application to S.S.P. Aligarh dated 8.1.2010 about tracing of his
missing wife and dead body was found which was not identified by
father of the deceased and after about 4 months it has been claimed
by the father of the deceased that dead body was of wife of the
applicant. The applicant has no criminal history and is in jail since
27.4 .2010.

Considering the nature of accusation and the severity of punishment in
case of conviction and the nature of supporting evidence, reasonable
apprehension of tempering of the witnesses and prima facie
satisfaction of the Court in support of the charge, the applicant is
entitled to be released on bail.

Let the applicant Sanjay involved in Case Crime No. 02 of 2010 under
Sections 302, 201 IPC Police Station Dadon , District Aligarh be
released on bail on his furnishing a personal bond with two sureties
each in the like amount to the satisfaction of the court concerned.

Order Date :- 3.8.2010
SU.