'Link Of Circumstances Missing' : Allahabad High Court Grants Bail To Security Guard In Ex BSP MLA Murder Case

Noting that the case is based on circumstantial evidence and the circumstances are yet to be established during the trial, the Allahabad High Court on Friday granted Bail to a Security guard who has been accused of killing an Ex BSP MLA, Haji Aleem allegedly on the instructions of the son of the deceased.

The Bench of Justice Pradeep Kumar Srivastava remarked:

"The case against the accused applicant is totally based on the circumstantial evidence that he was sleeping in the same room with the deceased. This fact does not appear to be supported by any believable evidence or eyewitness account." 

The matter in brief

As per CBCID's investigation, a conspiracy took place between Anas (Son of the deceased), Sajid, and the accused applicant (Security Guard of the deceased) for the commission of the offence.

Anas was allegedly aggrieved as the deceased was inclined to give his property to his wife and her daughter and not to the mother of Anas and his other brothers and all these factors prompted him to plan for the murder and he executed the same through accused-applicant and Sajid

Since the deceased was apprehensive that he might be killed by his son, Anas, he was sleeping (when he was allegedly murder) with his security Guard (accused-applicant) in his room in the night, which allegedly gave him an opportunity to murder the deceased. 

However, the Court was of the view that the fact that the Security Guard (accused-applicant) was sleeping in the same room with the deceased had not been supported by any believable evidence or eyewitness account.

Court's observations

At the outset, the Court noted that the co-accused Sajid had said that the Accused was sleeping with the Deceased, however, the Court added that since he is an accused in this case, therefore much reliance cannot be placed on his statement.

"This fact has been stated by Sajid only during reinvestigation after about 11 months from the date of incident... it is not usual and natural why the deceased would ask the applicant to sleep in his room," observed the Court.

The Court further noted that it was not a guest house where accommodation may not be sufficient and the adjustment was to be made.

"It was a big house of the deceased, an ex-MLA with huge property, and it appears highly improbable that he would ask the applicant, a guard of his own, to sleep in his room and that too without any reason," added the Court.

The Court also opined that the case was totally based on circumstantial evidence and it was difficult to say that the circumstances alleged against the applicant, if taken together and linked, form a chain of circumstance conclusively leading to an inference that the accused-applicant must have committed the said offence.

"Apparently unrelated circumstances if joined together must form a chain of circumstances indicating the guilt. I find at this stage that such link is missing," noted the Court.

The Court also took into account the ]forensic lab report, which mentioned that the possibility was there that suicide might have been committed by the deceased. The forensic report therefore also gives strength to the bail plea.

Lastly, the Court noted that the applicant was in jail for the last more than 15 months which was also needed to be taken into consideration in favour of the applicant, particularly during the pandemic period.

Therefore, taking into consideration the entire facts and circumstances and the evidence available on record, the bail application was allowed and the accused-applicant was directed to be released on bail, who was booked under Section 302/ 120B IPC.

Case title - Mohd. Sharib v. State of U.P

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