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Judgment
27 paragraphs · 387 words@JUDGEMENTTAG- JUDGEMENT
Farjand Ali, J
The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
S.No.
Particulars of the Case
1
FIR Number
280/2023
2
Concerned Police Station
Kotwali
3
District
Sri Ganganagar
4
Offences alleged in the FIR
Under Sections 302 and 34 of the IPC
5
Offences added, if any
-
6
Date of passing of impugned order
21.11.2023
It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against the petitioner and he has been made an accused based on conjectures and surmises. There are no factors at play in the case at hand that may work against grant of bail to him and his further incarceration is not warranted.
Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
I have considered the submissions made by both the parties and have perused the material available on record. After going through the niceties of the matter, it is observed that there is no direct or indirect evidence showing any nexus of the petitioner with commission of murder of the deceased. At the worst, it can be said that he facilitated screening of offender and vanishing/ destroying the evidence of the crime. Section 201 IPC is a bailable offence thus, viewing from every aspect, this Court feels that this case is fit for granting bail. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.