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Judgment
7 paragraphs · 362 wordsS.S. Sudhalkar, J.
By this order, I dispose of two bail applications bearing Crl. Misc. Nos. 3083M of 1997 and 3070M of 1997. These two applications are filed by the same person arrested in complaint case and police case.
Heard learned counsel for the petitioner, learned Advocate for the State and learned counsel for the complainant.
The allegations against the petitioner in the complaint are that one Satyawan was murdered by the petitioner and others. It is admittedly a case of poisoning. The learned counsel for the petitioner argued that initially the case was registered under Section 302 IPC but the challan was filed by the police under Section 306 IPC only. The learned counsel for the private respondent has argued that the petitioner has influenced the police and has got the Section changed. The learned Advocate for the State has stated that on 3.7.1996, according to four witnesses, whose statements have been recorded u/s 161 CPC, the deceased was staying in the market. As per the FIR, the deceased was last seen with the petitioner. Even, according to the complaint, Annexure P1 in Crl. Misc. No. 3083M of 1997 on 2.7.1996 the deceased was last seen with the petitioner.
The allegations against the petitioner will, of course, be dealt with at the time of trial. The question is whether he should be released on bail or not.
Looking to the fact that there is no direct evidence as to who poisoned the deceased and also the fact that the police has recorded the statements of some witnesses under Section 161 CPC that the deceased was last seen in the market, I find that bail can be granted to the petitioner. It goes without saying that these observations are limited only to these bail applications and shall not have any bearing on the merits of the case at the trial.
As a result, both these petitions are allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds in the sum of Rs. 20,000/ with one surety in the like amount in each case. Bail bonds be furnished before the trial Court.