DIWAKAR YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Aditya Prasad Mishra, learned counsel for the appellant in Criminal Appeal No.315 of 2023 (Diwakar Yadav Vs. State of U.P.) and Criminal Appeal No.9675 of 2022 (Pappu @ Gyan Singh Vs. State of U.P.), Mrs. Archna Singh, learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed on behalf of the appellants Diwakar Yadav and Pappu @ Gyan Singh with a prayer to suspend the sentence and to release them on bail in Sessions Trial No.434 of 2016 (State Vs. Diwakar Yadav and Another) arising out of Case Crime No. 382 of 2016, under Ss. 302/34, 201 IP.C., Police Station Kalyanpur, District Fatehpur and the maximum sentence awarded to them is life imprisonment.

(3.) Submission is, the weak circumstantial evidence has been relied upon by the prosecution. In that regard, it has been submitted, last seen evidence is of 29/8/2016. The deceased remained missing since then and his dead body was discovered on the next date i.e. 30/8/2016 lying in an open field, yet, the FIR was lodged with delay on 31/8/2016. Besides the evidence of last seen, there is no credible recovery made to implicate the present appellants. Referring to the motive cited by the prosecution, it has been stated that is against the co-accused Ram Babu Vishwakarma alone. He has been acquitted.