SANJAY SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Accused applicant has moved this bail application seeking regular bail in case crime no. 246 of 2012 under Section 302, 394, 411 IPC, police station Jwalapur District Haridwar.

(2.) Mr. Manish Arora, Advocate for the applicant, has vehemently argued that as per the prosecution story itself, applicant Sanjay Sharma neither entered into the house of complainant nor committed murder of Smt. Sunita Mishra nor committed any loot in the house of complainant. He further contends that after committing the loot and murder, other coaccused namely Jasvinder @ Tonu and Monu Mishra handed over the looted items to the applicant, therefore, no offence punishable under Section 394, 302 IPC is made out against the applicant, however, the only offence which can be said to have been made out against the applicant is offence punishable under Section 411 IPC. He further submits that applicant is in jail with effect from 25.07.2012 and he has no criminal history.

(3.) Learned AGA for the State of Uttarakhand also submits that applicant has no criminal antecedent.