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Judgment
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The petitioner / accused No.1 along with accused No.2 is charge sheeted by the respondent-Police in their Crime No.131/2016 for the offences punishable under Sections 302, 109, 120(B) of IPC.
The allegation is, the petitioner had illicit relationship with accused No.2 - the wife of the deceased. They conspired together to get rid of the deceased to continue with their extra marital relationship. The petitioner had obtained two BSNL sims bearing Nos.9483710580 and 9483710581. He retained one for his use and had handed over the other for the use of the second accused. On the night hours of 3.11.2016, the petitioner assaulted the deceased with club and done him to death.
Perused the prosecution papers. There are no eye witnesses to the incident. Three clubs allegedly used for commission of the offences are seized by the Investigating Officer. The nexus between the petitioner and the alleged sims is yet to be established by the prosecution during trial.
Since investigation is complete, there is no impediment to allow the petition.
Accordingly, petition is allowed. The petitioner is enlarged on bail in Crime No.131/2016 registered by the respondent-Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two sureties for the likesum. The sureties shall produce the original title deeds pertaining to their immovable properties and also their Identity Card/Aadhar Card for perusal of the Court.
(ii) He shall attend the Court regularly on all hearing dates.
(iii) He shall not terrorize the prosecution witnesses.