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Judgment
7 paragraphs · 302 wordsGautam Kumar Choudhary, J
Petitioner above-named who is in custody since 26.10.2022 has moved this Court for grant of regular bail in connection with Taljhari P.S. Case No.65 of 2022 (S.T. No.45 of 2023) registered under Sections 302 & 34 of the Indian Penal Code and 27 of the Arms Act.
Heard the parties.
As per the case of prosecution, informant of the case is father of the deceased and it has come in the FIR that his son after marriage was living along with his wife in the matrimonial home. There was estranged relationship between husband and wife and they were on quarrelling terms. He partly worked at Delhi and on 12.10.2022, he had come to his matrimonial home. It is alleged that unknown persons had committed murder of his son.
It is submitted by learned counsel for the petitioner that petitioner is not named in the FIR and there is no direct or circumstantial evidence against him and he has been made accused only on mere suspicion. The only material against him is that his name has transpired on the basis of confessional statement of wife of the deceased in which she has claimed the petitioner to be involved in the alleged offence.
Learned APP for the State has vehemently opposed the prayer. Deceased died due to gun shot injury and the place of occurrence was the house of the deceased. Witnesses have stated that wife of deceased on several occasions had threated the deceased with his life. Petitioner confessed of his guilt and on his disclosure statement the fire arms was seized regarding which a separate case under Arms Act has been registered.
Considering the nature of allegation and gravity of offence, I am not inclined to enlarge the petitioner on regular bail and accordingly, the same is rejected.