Sita Ram vs State

Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record.

The petitioner has been arrested in connection with FIR No.41/2019 of P.S. Bhirani, District Hanumangarh for the offences punishable under Sections 302, 364, 396, 201, 341, 342, 323, 147, 149 and 120B I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that allegation of commission of murder of deceased Rampal, in the hotel owned by the petitioner, levelled against him is false. Learned counsel for the petitioner has submitted that though the petitioner is owner of the hotel, but it is admitted position that the petitioner was not present at the scene of crime between 6:00 PM to 8:00 PM, the time when the deceased Rampal was allegedly murdered. Learned counsel for the petitioner has invited attention of the Court towards description of CCTV camera installed in the hotel, scribed by the police and placed along with the charge-sheet wherein it is mentioned that the deceased was present in the hotel at around 6:00 PM and stayed either in room No.101 or 102 and at that time, the other co-accused persons were present but the presence of the petitioner was not shown. It is submitted that as per the said description, the petitioner reached the hotel at 8:22 PM, however, prior to that, the deceased was allegedly murdered by other co-accused persons. Learned counsel for the petitioner has submitted that at the most the petitioner can be held guilty for destroying the evidence and not more than that.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case and having gone through the charge-sheet particularly the details of CCTV camera installed in the hotel scribed by the police, which is part of charge-sheet, wherein it is clearly mentioned that the petitioner reached the hotel at around 8:22 PM for the first time, whereas the deceased and other co-accused perons were present in the hotel from around 6:00 PM, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sita Ram S/o Shri Ram Prasad shall be released on bail in connection with FIR No.41/2019 of P.S. Bhirani, District Hanumangarh provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.