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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.41/2019, Police Station Bhirani District Hanumangarh, for the offences under Sections 302, 364, 396, 201, 341, 342, 323, 147, 149 & 120-B of IPC.
Heard learned counsel for the petitioner, learned Public Prosecutor as also learned counsel for the complainant. Perused the material available on
record.
It is submitted on behalf of the petitioner that there is no evidence of petitioner’s being present at the time of the incident in the hotel from where
the dead body of the deceased was recovered. He further submits that as per the footage of the CCTV, appearance of the petitioner is shown after the co-accused Sita Ram. CCTV footage shows presence of Sita Ram at 08:22 pm prior to that presence of the petitioner in the hotel is not reflected in any of the evidence. He further submits that co-accused Sita Ram has already been enlarged on bail by this court vide order dated 12.12.2010 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court. The charge sheet has already been filed, therefore, it is prayed that the petitioner is entitled for enlargement on bail.
The learned Public Prosecutor opposing the bail submits that the petitioner remained absconding for eight months. He further submits that there is recovery of atropine (Dhatura seeds) from the petitioner which was found to have been mixed in the liquor administered to the deceased Ram Pal. He fairly submits that recovery of atropine (Dhatura seeds) was made after a period of eight months.
The counsel for the complainant vehemently opposes the bail.
Having considered the submissions made at the bar, I am of the view that mere recovery of atropine (Dhatura seeds) from the petitioner in the present case will not be sufficient to connect the petitioner with the offences alleged and the same cannot be said to be a convincing evidence to connect the petitioner with the alleged offences. Co-accused Sita Ram has already been enlarged on bail by this court. It is a fact of general prudence that the place where the incident happened and the place where the present petitioner resides is village Ninan District Hanumangarh, where atropine
(Dhatura Seeds) is available in abundance and recovery of the same from the petitioner is not a cogent piece of evidence against the present
petitioner, therefore, in view of above narration of facts, I am of the opinion that the petitioner is also entitled for the grant of bail under Section 439
Cr.P.C.
Consequently, the bail application is allowed. It is ordered that accused-petitioner Subhash S/o Pratap arrested in connection with F.I.R. No.41/2019,
Police Station Bhirani District Hanumangarh, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-(Rupees: Fifty Thousand
Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. However, nothing said hereinabove shall be construed as an opinion expressed on the merit of the case.