The admissibility of evidence, including the Narco Analysis Test report, and the material collected during the investigation, is crucial in determining the involvement of the accused in a crime.

JUDGMENT :

Parth Prateem Sahu, J.

1. As above two bail applications arise out of same crime number, they were being heard together and are decided by this common order.

2. Applicants have filed above applications under Section 439 of Cr.P.C. for grant of regular bail to them as they are in custody since 1.4.2021 & 2.4.2021 in connection with Crime No. 327/2018 registered at Police Station Lalbagh, Rajnandgaon for commission of offences under Sections 302, 201, 120B, 193 of IPC and Sections 25, 27 of the Arms Act.

3. Case of prosecution in brief is that on 10.9.2018 at about 9:30 p.m. merg was reported in concerned police station by Constable of Police Station Lalbagh, District Rajnandgaon that during patrolling duty when he reached near Rewadih Intersection on Nagpur-Rajnandgaon Road at about 8:30 p.m., he saw that one person came out from his car standing on road side bearing registration number CG04-KT-7000 in bleeding condition and fell down on road. Police Constable took injured to District Hospital in government vehicle where doctor declared him brought dead. Based on merg intimation, FIR is registered on same day at about 9:40 p.m. against unknown persons. During course of investigation, applicants were arrested on 1.4.2021 & 2.4.2021 respectively and their memorandum statements were recorded.

4. Mr. T.K. Tiwari & Mr. Maneesh Sharma, learned counsel for respective applicants would submit that applicants have not committed any crime as alleged against them. Alleged murder of Shubham Namdev was committed on 10.9.2018, police surprisingly arrested applicants on 1.4.2021 & 2.4.2021 respectively without there being any material connecting them in commission of aforementioned crime. Police recorded memorandum statement of applicants on respective date of their arrest. Applicants were arrested on the basis of report of Narco Analysis Test of applicants stated to have been conducted on 5.12.2019. Narco Analysis Test report is not an admissible piece of evidence, hence on that basis only it cannot be said that there is material connecting applicants with commission of aforementioned crime. In support of contention that Narco Analysis Test report is not an admissible piece of evidence, they place reliance upon decision of Hon'ble Supreme Court in case of Selvi vs. State of Karnataka Reported in (2010) 7 SCC 263 .

They further submit that after receipt of report Narco Analysis test, police recorded statement of some witnesses in the month of January, 2021. These witnesses are planted witnesses and not eyewitness of incident because none of them came forward to make any statement during these three years. It is further submitted that deceased was man of lose character, he was having relationship with several girls, he and his father were also arrested on allegation against them of commission of offence under Section 376 of IPC. Hence, possibility that deceased might be having several enemies cannot be ruled out. Except Narco Test report, there is no other material to connect applicant with crime in question, hence, in view of decision of Hon'ble Supreme Court in case of Selvi (supra), applicants may be enlarged on regular bail.

5. Per contra, Mr. Dinesh Tiwari, learned Deputy Government Advocate for the State opposes submissions of learned counsel for respective applicants and submits that during course of investigation, police collected messages and details of mobile phones with whom deceased had conversation on the date of incident. Immediately after incident, statements of Virendra Kumar Namdev, relative of deceased, Ramendra Namdev, father of deceased, and others were recorded under Section 161 Cr.P.C. Police based on material collected during course of investigation, interrogated applicants. Police gave notice to applicants and one another co-accused for undergoing Narco Analysis Test and after obtaining their consent, they were put to Narco Analysis Test. From the material collected during investigation, before putting them to Narco