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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Boby – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Heard Sri Vipul Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.
2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.191 of 2024, under Sections 103(1), 61(2), 3(5), 189(4) and 351(2) BNS, Police Station Kasna, District Gautam Buddha Nagar during pendency of the trial.
3. FIR of the present case was lodged on 9.8.2024 against six accused persons (non applicant) and according to the FIR, on 9.8.2024 at about 5.30 AM informant and her mother came to know that father of the informant has been murdered. It is further mentioned in the FIR that subsequently nominated accused persons confessed their guilt before the informant.
4. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation, as per prosecution, a CCTV Footage near the house of the informant was procured and after its perusal it was found that in the night, i.e., the date of incident a Scorpio Vehicle was seen near the house of the informant and thereafter when police apprehended the alleged Scorpio vehicle then from the vehicle app
Circumstantial evidence must be corroborated by additional proof to justify arrest and bail; mere allegations are insufficient.
The court emphasized that bail may be granted when circumstantial evidence is insufficient to establish a prima facie case against the accused.
Bail may be granted in murder cases where circumstantial evidence is insufficient to establish the accused's involvement.
The presumption of innocence allows for interim bail confirmation when the applicant cooperates with the investigation and no prior criminal record exists.
The court affirms the principles guiding bail applications, emphasizing the necessity of cooperation in trial proceedings.
The court held that bail should not be granted where the evidence against the applicant, though circumstantial, warrants further investigation and lacks conclusive disproof.
Court allows bail considering the absence of incriminating evidence and significant duration of custody.
The court ruled that circumstantial evidence and witness statements established a prima facie case against the applicant, justifying the denial of bail.
The court established that uncorroborated confessions under Section 27 of the Evidence Act cannot be solely relied upon for conviction or bail denial.
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