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Judgment
The petitioner (Accused-1) along with three others is charge sheeted by the respondent Police under IPC 1880 u/s. 143, 147, 148, 120B, 302, 149.
The case of the prosecution is that the accused persons were inimical to deceased Naveen Kumar. On the evening of 11.10.2016 while he was playing in the field with his friends and brother, they assaulted him with lethal weapons indiscriminately and disappeared. This petitioner is alleged to be one of the assailants. The complaint is lodged by the father of the deceased. Either in the complaint or in the mahazar, the name of this petitioner is not reflected. The petitioner was arrested on 17.10.2016 and the statement of the eye witnesses was recorded on 18.10.2016.
On the joint disclosure made by the accused Nos. 1 to 4, the weapons allegedly used for the commission of the offence is seized.
The learned counsel for the petitioner submits that the accused and the witnesses since are the residents of the same place, it is highly possible that they were acquainted with each other. Still the eye witnesses did not name the assailant. The petitioner undertakes to abide by any condition that may be imposed on him after enlarging on bail. Learned HCGP opposes the petition.
The weapons allegedly used for the commission of the offence since seized, on the joint statement of the 4 accused persons since the prosecution is yet to prove the nexus between the petitioner and the alleged offense, there is no impediment to enlarge the petitioner on bail. Accordingly the following order is passed.
ORDER
The petition is allowed.
Petitioner is enlarged on bail in Cr. No. 362/2016 registered by the respondent police, subject to the following conditions:
(1) He shall execute a self bond for a sum of Rs. 1,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court.
(2) The surety shall furnish his identity card/ aadhar card and original title deed pertaining to his immovable property for the perusal of the court and the surety shall not have previous history of standing surety to accused of any other criminal case.
(3) He shall attend the court regularly on all the hearing dates and shall not tamper the prosecution witnesses.
(4) He shall mark his attendance before the respondent police on every alternate Tuesday during office hours till conclusion of trial.