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Judgment
By this common order, SBCRLMB No. 3539/2018 preferred by Mukesh Gupta @ Mukesh Kumar @ Montu, SBCRLMB No. 3540/2018 instituted by
Bharati Pahalwan and SBCRLMB No. 3541/2018 filed by Rajesh Singh @ Bhola Pahalwan shall be decided together.
This Court in bunch of petitions had rejected the prayer of bail of various accused vide order dated 4.9.2013 passed in various petitions lead case
being, SBCRLMB No. 5312/2012.
It is contended that after rejection of bail application of the petitioners, similarly situated co-accused and four accused who were named as principal
accused in a murder, namely Sher Singh, Prem Singh, Phool Chand and Gopichand have been granted bail by the co-ordinate Bench. It will be
apposite here to reproduce order dated 14.2.2018 passed by the co-ordinate Bench in SBCRLMB No. 1679/2018 and SBCRLMB No. 1680/2018
granting bail to Sher Singh Saini and Phool Singh, as under:-
“1. Petitioners have filed this bail application under Section 439 of Cr.P.C.
F.I.R. No.RC5(S)/2011/CBI, SC.III New Delhi was registeredat Police Station Special CBI, New Delhi for offence under Sections 147, 148,
323/149, 325/149, 326/149, 334/149, 295/149, 307/149, 302/149, 353/149, 332/149, 427/149, 435, 436 read with Sections 149, 153A, 109/149, 201/149
and 120-B of I.P.C. (2 of 2) [CRLMB-1679/2018] of I.P.C.
It is contended by counsel for the petitioners that thepetitioner-Sher Singh is in custody since 18.07.2013 and petitoner-Phool Singh is in custody
since October, 2014. Case of the petitioners is akin to that of Prem Chand whose bail application was allowed by the Court. It is also contended that
out of list of one hundred and sixty two witnesses, only fourteen have been examined so far. Trial would consume time.
Learned counsel for CBI has opposed the bail application.
I have considered the contentions.
Considering the contentions put forth by counsel for thepetitioner, I deem it proper to allow the bail application.
These bail applications are accordingly allowed and it isdirected that accused-petitioners shall be released on bail provided they furnish a personal
bond in the sum of Rs.50,000/(Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is
transferred, on all subsequent dates of hearing and as and when called upon to do so.
A copy of this order be placed on connected file. â€
Mr. Ashwini Sharma counsel for the respondent has very fairly submitted that all accused except present petitioners have been granted bail by various
co-ordinate Benches of this Court taking into account the long incarceration of the accused.
Petitioners namely Rajesh Singh and Bharati Pahalwan are stated to be in custody since 11.12.2011 and petitioner Mukesh Gupta @ Mukesh Kumar
@ Montu is in custody since 5.1.2012 and they have undergone more than six years. Â
It is contended that out of 162 witnesses, only fifteen witnesses have been examined.
Taking into account the reasons stated by the co-ordinate Bench to grant bail to the principal accused and period of long incarceration of the
petitioners and fact that the trial of the case shall take long time to conclude, this Court is of the view that the continuous detention of the petitioners is
not warranted.
Consequently, all the three bail applications are allowed and petitioners are ordered to be released on bail during the pendency of trial, to the
satisfaction of the trial court.