Allahabad High Court grants bail to rape and murder accused over lack of scientific evidence

The Allahabad High Court has granted bail to an accused in a rape and murder case with a “heavy heart and great pain” due to the lack of scientific evidence linking the suspect to the crime.

Granting bail, the Court said that it expects that the State Government will provide high-end machines to Forensic Science Laboratories (FSL) and sufficient staff. It directed the High Court registrar (compliance) to send a copy of its order to the U.P. chief secretary for the perusal of the Chief Minister.

Justice Arun Kumar Singh Deshwal allowed the bail application of the accused, Manoj, for the reason that the FSL report did not show that the DNA found in the vaginal smear of the deceased belonged to the applicant because of insufficient generation of the DNA profile.

The Court expressed serious concerns over the State’s FSL infrastructure.

“…in most of the cases, the FSL report shows that because of the incomplete generation of the DNA profile, the source of DNA found in the vaginal swab cannot be determined,” the Court said.

The Court in its May 21 order said, “Outdated machine as well as incomplete infrastructure in FSL is the main reason for non-generation of DNA profiles, and no one can be blamed except the State Government who has many other issues to consider apart from the issue of providing basic infrastructure to FSL.”