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Judgment
Heard the learned counsel for the petitioner and
the learned High Court Government Pleader for the
respondent-State.
The respondent-police have charge-sheeted the
petitioner (accused No.1) and six others in their Crime
No.338/2013 in respect of offences punishable under
Sections 364(a), 302, 201, 118 r/w Section 149 of IPC.
The prosecution case is, in pursuance of
conspiracy between accused Nos.1 and 2, they took a
room on rent in the building belonging to CW2 and paid
advance amount of Rs.2,000/- on 17.11.2013. Accused
No.3 was made to wait in the said room for the victim.
Accused No.1 persuaded the deceased to come with him
to the room and traveled with him in the TVS Scooty
Streak vehicle as a pillion rider. The deceased was
taken into the room and demanded for ransom. Since
the deceased refused, he was strangulated with cable
wires and done to death. Thereafter, they disappeared
with the scooty of the deceased leaving behind the dead
body in a plastic bag in the room. The offence came to
light only on 21.11.2013.
The scooty on which the deceased had
traveled is seized from the possession of accused No.2
and he is enlarged on bail by the order of this Court in
Crl.P.No.2209/2016 and connected case. The case of
the prosecution rests on the circumstantial evidence.
The security guard of the building is said to have last
seen the deceased on the evening of 19.11.2013 at 4.00
p.m. while he came near the building. No other
incriminating material is seized from the possession of
the petitioner. As per the submission at bar, so far
charge is not framed since the matter is stayed in the
revision petition filed by the co-accused before this
Court.
In the above circumstances, there is no
impediment to allow the petition.
Accordingly, petition is allowed. The
petitioner is enlarged on bail in Crime No.338/2013
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 local sureties for the likesum to the satisfaction of the concerned Court. The sureties shall produce their Aadhar Card/Identity Card and the original title deed pertaining to their immovable property for perusal of the Court. The sureties shall not have the history of offering surety to the accused persons of any other criminal case.
(ii) He shall attend the Court on all hearing dates regularly and punctually;
(iii) He shall not tamper the prosecution witnesses;