Criminal Procedure Code, 1973
Section 439—Bail—Murder case—FIR registered under Sections 302, 201, 120B & 34 of IPC—Case based on last seen theory—State submitted that applicant and deceased both were spotted together in the motorcycle at 9:00 in the previous night and on the next day, the dead body was recovered—Forensic report is yet to be awaited—Both the applicant and deceased were of the same village—FIR records that they were friends and would spent most of their time together—Being friend, if both were together, how could it be attributed as a last seen theory, particularly, when the dead body was not found in the village, it was at the distance on the road side—Applicant deserves to be enlarged on bail—Application allowed.
[Paras 7 & 8]
Decision : Application allowed