Facts
The applicant, Arya Giri, was arrested on 02.01.2026 in connection with FIR No. 764 of 2025 at P.S. Kotwali Jwalapur, Haridwar.
Source reference: p. 1-2He was charged under Sections 103(1) (Murder) and 238 (Causing disappearance of evidence) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Source reference: p. 1-2The prosecution alleged that the deceased was last seen with the applicant on 24.12.2025 and subsequently died of an intentional narcotic overdose administered by the applicant.
Source reference: p. 1-2The State relied on the recovery of syringes and an empty vial at the applicant's instance.
Source reference: p. 2The applicant moved the High Court for bail after his application was rejected by the lower court.
Source reference: p. 3Issues
1. Whether the "last seen" theory is prima facie established given the time gap between the alleged sighting and the medical opinion on the time of death.
Source reference: p. 2-3 / para. 102. Whether the applicant is entitled to bail considering the nature of circumstantial evidence, the status of the investigation, and the lack of a conclusive medical opinion.
Source reference: p. 3 / para. 11-15Law Applied
Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: p. 1In cases based on circumstantial evidence, there must be close proximity in the "last seen" theory to establish a prima facie case.
Source reference: p. 2-3Evidentiary requirements for recoveries made under the custody of the accused, noting the importance of independent witnesses.
Source reference: p. 3Reasoning
While the prosecution alleged the deceased was last seen with the applicant on 24.12.2025, the postmortem report dated 31.12.2025 estimated death occurred 24-36 hours prior (approx. 29/30.12.2025), creating a "substantial gap" that weakens the "last seen" link.
Source reference: p. 3 / para. 10The medical evidence was deemed inconclusive as the cause of death was not ascertained and the viscera report remained awaited, failing to provide a definite homicidal link at this stage.
Source reference: p. 3 / para. 11Regarding the recovery of vials and syringes, the Court noted the absence of independent public witnesses, making its evidentiary value a matter for trial.
Source reference: p. 3 / para. 12Since the charge-sheet has been filed and the applicant has no criminal history, the Court found no necessity for further custodial interrogation.
Source reference: p. 2-3 / para. 5, 13Holding
The Court held that the applicant made out a fit case for bail due to the lack of medical conclusiveness and the failure to establish the necessary proximity in the "last seen" theory.
The bail application was allowed. The Court ordered the release of Arya Giri on furnishing a personal bond and two reliable sureties to the satisfaction of the concerned trial court.
Source reference: p. 4 / para. 16-17Original Court PDF
ARYA GIRIvsSTATE OF UTTARAKHAND
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in