SANJAY BAHAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is the first bail application in this Court by the applicant Sanjay Bahal who is involved in Crime Case No. 162 of 1994 under Sections 302/201, I.P.C.; P. S. Dalanwala, district-Deharadun.

(2.) I have hear d Sri J. S. Sengar learned counsel for the applicant and Sri K. K. Arora learned counsel for the complainant as well as learned A.G.A. at length.

(3.) Learned counsel for the applicant has submitted that the first information report lodged by the brother-in-law of the deceased did not specify any name of the accused persons and it is only during investigation that the applicant has been apprehended, but, there is no prima facie case made out against the applicant and even if there is any prima facie case, the applicant cannot be punished without trial and is entitled to bail. In support of his submission the learned counsel has recited a decision of the Hon'ble Supreme Court in the case of Bhagirathsinh Judeja v. State of Gujarat, AIR 1984 SC 372 : 1984 Cri LJ 160.