The court emphasized that the gravity of murder charges necessitates stricter scrutiny in bail applications, regardless of interim bail status.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 439 and 482 - Bail application denied in connection with FIR No. 277 of 2018 under Section 302/201/120B/34 IPC - The applicant was involved in a serious offence involving murder, demonstrating that prima facie evidence exists against him, including witness testimonies and CCTV footage. (Paras 1, 2, 6, 15)

(B) Criminal Law - Grant of Bail - The court emphasized that the nature and gravity of the offence along with the impact on society is paramount in bail considerations, highlighting that interim bail status does not automatically warrant regular bail. (Paras 12, 13)

Facts of the case:
The applicant is accused of murder, having allegedly conspired with co-accused to dispose of the body of the victim, which raises serious implications due to the gravity of the charges under IPC. The police established a case against the applicant through witness statements and evidence, such as CCTV footage, connecting him to the crime. (Paras 2, 6, 10)

Findings of Court:
The court found no merit in the bail application given the serious nature of the charges, lack of preliminary acceptance of exonerating circumstances, and significant evidence against the applicant rendered by eyewitness accounts. (Paras 15)

Issues: The court considered whether the applicant was unfairly implicated without sufficient evidence and whether the interim bail granted earlier affected the decision for regular bail; the gravity of the charges against the applicant, specifically the murder charge under IPC, formed a critical basis for consideration. (Paras 1, 15)

Ratio Decidendi: The court reasoned that evidence regarding the crime, including witness testimony and the applicant's previous role in the investigation, created a compelling case against him for denying bail. The court determined that the seriousness of the charges demanded stringent scrutiny and that interim and regular bail are not interchangeable; thus, bail was denied. (Paras 12, 15)

Result: Bail application dismissed.

Table of Content
1. bail application filed under specific sections. (Para 1)
2. background facts of the case presented. (Para 2 , 3)
3. court's initial observations. (Para 4)
4. arguments by the petitioner's counsel. (Para 5)
5. state's opposition to bail with evidence. (Para 6 , 7 , 8)
6. witness testimonies relevant to the case. (Para 9 , 10)
7. consideration of personal circumstances in bail. (Para 11 , 12)
8. guidance on bail considerations from prior judgments. (Para 13 , 14)
9. final conclusion on bail application. (Para 15 , 16)

ORDER

Rajnish Bhatnagar, J.

Crl.M.(Bail) 1310/2021

1. The present bail application has been filed by the petitioner under Section 439 read with section 482 Cr.P.C. with the following prayers:

"(a) Grant bail to the applicant/accused in connection with FIR No 277 of 2018 under Section 302/201/120B/34 IPC dated 20.07.2018, P.S. Sarai Rohilla; and/or in alternative

(b) pass such other further order as this Hon'ble Court may deem fit proper in the facts and circumstances of the case."

2. In brief, the facts of the present case are that on 20.07.2018 vide FIR No. 277/2018 a case U/s 364/34 IPC was registered at P.S. Sarai Rohilla on the complaint of one Ramesh Chand in which he alleged that on 19.07.2018 his son Prem Kumar, aged about 25 years who was working as LIC agent went to the house of Ajay Singh and his friend Sarvesh (present petitioner) at H. No. A1/210, Railway Colony, Daya Basti regarding policy. The complainant further alleged that at 11:30 A.M. mobile phone of his son was suddenly found switched off. Complainant tried to search his son Prem Kumar but despite of his best efforts he could not trace his son. In this regard a missing report was lodged vide DD No.-20 B PP Inderlok. Complainant also alleged that his son had a mobile phone and a brown colour bag having Rs.20000/- and a bullet motorcycle.

3. On the basis of the statement of the complainant, the present case was registered and investigation went underway and after collection of the evidence co-accused Ajay Singh was arrested. Thereafter, other accused persons, including petitioner were also arrested. After the completion of investigation charge sheet was filed against the accused persons and charges under section 302/201/120-B/34 IPC were framed against the accused persons.

4. I have heard the Ld. counsel for the petitioner, Ld. APP for the State, perused the Status Report filed by the State and the records of this case.

5. It is submitted by the Ld. counsel for the petitioner that the petitioner has been falsely implicated and he has no criminal history. It is further submitted by the Ld. counsel for the petitioner that no recovery has been effected from the petitioner. It is further submitted that there is no eye witness to the case of the prosecution and the prosecution is trying to rope the petitioner in the present case on the basis of circumstantial evidence. It is further submitted by the Ld. counsel for the petitioner that the petitioner has been falsely implicated and arrested in the present case only on the basis of the disclosure statement of co-accused which is not admissible in evidence. It is further submitted that the petitioner has co-operated in the investigation and no incriminating material was found against him. It is further submitted by the Ld. counsel for the petitioner that the petitioner was granted interim bail time and again by the Court and after the expiry of the period of interim bail he surrendered before the Court and he has never misused the liberty granted by the Court. It is further submitted by the Ld. counsel for the petitioner that the petitioner has already undergone more than two years in custody as an under trial prisoner. It is further submitted that the charge sheet has been filed, charges have been framed against the petitioner, the prosecution has cited large number of witnesses which are to be examined and the trial w

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