Bail granted due to lack of direct evidence and prolonged judicial custody, emphasizing that CDRs cannot solely support a conviction.

ORDER :

(KULDEEP MATHUR, J.)

This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.217/2024 registered at Police Station Sumerpur, Dist.Pali, for the offences under Sections 302 and 147/149 of IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. The case of the prosecution as born out from the FIR is that on 17.4.2024, the complainant – Pappu Ram came to Police Station Sumerpur, District Pali with Sarpanch of Gram Panchayat Kukawas and reported that his son Hami Ram has been murdered by some unknown persons. In the FIR, the complainant suspected that his son has been killed by one Manoj Kumar and few other persons.

4. Drawing attention of the Court towards FIR and challan papers, learned counsel submitted that the petitioner has not been named in the FIR. Learned counsel submitted that there is no eye- witness of the alleged incident. It was contended that during the course of investigation, the police has recovered CCTV footages and call details of co-accused persons namely Prem, Suresh @ Suriya, Prabhu, Prakash @ Kuka and Kala @ Kalu @ Kaliya indicating that the deceased was in the company of these persons soon before his death.

5. Drawing attention of the Court towards CCTV footages and call details recovered by the investigating agency, learned counsel submitted that none of the CCTV footages establish presence of the present petitioner with the co-accused persons at the time of incident or soon before the incident. The petitioner does not even have call details with other co-accused persons. Learned counsel further submitted that there is no evidence or motive for the petitioner to commit the alleged crime. The petitioner has been implicated in the present case solely on the basis of suspicion, the investigation against the petitioner has already been concluded.

6. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

7. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, learned Public Prosecutor was not in a position to refute the fact that there is no direct evidence available on record indicating that the petitioner was abductor or had murdered the deceased. Learned Public Prosecutor submitted that the petitioner has been implicated in the present case on the basis of the interrogation note of the co-accused persons.

8. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the entire case of the prosecution against the petitioner hinges on the interrogation note of the co-accused persons while they were in custody; the CCTV footages and CDRs procured by the investigating agency during the course of investigation do not prima facie establish complicity of the petitioner in commission of alleged crime. Even otherwise, it is a settled law that CDRs are not a substantive piece of evidence and the same cannot be the sole basis of conviction. Learned Public Prosecutor has not shown any apprehension of petitioner influencing material prosecution witnesses or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

9. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Movna @ Mova @ Mohan S/o Bada Ram arrested in connection with F.I.R. No.217/2024 registered at Police Station Sumerpur, Dist. Pali, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hea