Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51586 of 2019 Applicant :- Sanoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Suresh Chandra Dwivedi
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri Vinay Saran, learned Senior counsel appearing for the Informant and Sri Om Prakash, learned AGA.
For the purpose of evaluating the prayer for bail, the Court notes that the applicant is stated to be last seen in the company of the deceased. This has been noted even by the Sessions Judge in his order rejecting bail. This aspect has not been explained in the bail application. Although learned counsel refers to the pleadings taken in paragraph 8 of the application, the Court notes that all that is stated is that the applicant has no concern with the incident since he was living 30 Kms. away from the place of occurrence. That, in the considered view of the Court, does not satisfy the requirement as contained in Section 106 of the Evidence Act, 1872.
Consequently the bail application is rejected at this stage.
Order Date :- 27.11.2019 LA/-