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Judgment
By way of this application, the petitioner seeks pre-arrest bail in Tura Women P.S. Case No.35 (5) 2017 wherein, investigation is underway for
offences under Sections 302/201/34 IPC.
As per the FIR dated 13.05.2017, the informant has alleged that his sister, 26 years of age, was missing since 08.05.2017 and then, her dead
body was found on 11.05.2017 from a mud pond near the house of the petitioner and on the dead body, some such evidence like a cloth
(dupatta) belonging to the family members of the petitioner was found; and the mobile phone number of the petitioner was also found from the
room of the deceased. The informant also indicated that there was a strong suspicion about the involvement of the petitioner in the demise of his
sister. Apart from the petitioner, his wife and brother were also named as accused persons who have, of course, been granted pre-arrest bail by
the learned Sessions Judge, Tura by the order dated 19.07.2017 in Anticipatory Bail Application No.74 of 2017. However, the bail application
moved by the petitioner was declined for the reason that he was alleged to be the principal accused; and the statements of many a witnesses were
indicating the fact that the petitioner was having an affair with the deceased for last six to seven years and he used to visit her house in the absence
of her husband.
Learned counsel for the petitioner has argued that the petitioner is not connected with the offences in question and has been implicated merely
on remote suspicion but without any cogent basis.
Learned PP has duly opposed the bail application and has produced the Case Diary for perusal.
Having examined the Case Diary and having given thoughtful consideration to the submissions made, in the totality of facts and circumstances,
this Court is unable to find the present one to be a fit case for grant of pre-arrest bail to the petitioner.
Accordingly, this bail application stands rejected.