In double murder cases punishable by death, bail denied where prima facie circumstantial evidence establishes involvement, despite trial delay, emphasizing gravity of offence and punishment severity.

JUDGMENT :

RAKESH KAINTHLA, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 18 of 2022, dated 2.2.2022, registered at Police Station, Parwanoo, District Solan, H.P., for the commission of offences punishable under Sections 302, 392, 342, 201 and 34 of the Indian Penal Code (IPC).

2. It has been asserted that the petitioner is innocent and that he was falsely implicated. The petitioner is a permanent resident of District Mohali, and there is no chance of his absconding. He would abide by the terms and conditions that the Court may impose. The petitioner was arrested on 11.2.2022, and only seven witnesses have been examined by the prosecution till date. The prosecution has cited 59 witnesses, and there is no likelihood of the early conclusion of the trial. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report, asserting that the police received information regarding the recovery of two bundles containing the dead bodies of two women. The police registered a First Information Report (FIR) and investigated the matter. The women were subsequently identified as Geeta and Nisha, residents of Zirakpur. The police obtained the call detail records and discovered that Bhupender was in contact with Geeta. The police interrogated Bhupender Singh, who revealed that his friend Akash Deep had taken them in his vehicle bearing registration No. PB-01B-6562 to Kharar. The police interrogated Akash Deep, who identified the women as the passengers who were taken by him in his vehicle. Subsequently, the police examined the CCTV footage and discovered that a vehicle bearing registration number HR-03N-3403 was moving suspiciously on the intervening night of January 30-31, 2022. The police enquired at the Tata Agency, Phase-II, Industrial Area, and found that the vehicle was purchased by Manpreet Singh. Manpreet Singh subsequently informed the police that he had sold the vehicle to Ajay Gautam. Ajay Gautam further disclosed that he had sold the vehicle to Sukhbir. Sukhbir, in turn, revealed that he had sold the vehicle to Jitender Pal (the present petitioner) some months before the incident. The police apprehended Jitender Pal and searched his vehicle. The police recovered 13 tie locks, tape rolls, and scissors from the vehicle’s dickey, which were similar to the articles utilised for securing the deceased bodies. Additionally, the police searched the residence of Parvinder Singh and discovered the Aadhaar cards of the petitioner and Geeta. The police also retrieved various articles from the room. The police also recovered the hair from the table and the bed, and the bed sheets, which were used for wrapping the dead bodies. Dinesh Kumar got recovered the gold ring and a copy of the Aadhar card. The petitioner and the co-accused also led the police to the place where the articles and the dead bodies were thrown. The call details of the mobile numbers of Jitender Pal, Dinesh, Geeta, Nisha, Aakashdeep, Bhupinder Singh and Parvinder Singh were checked, and a call was found to have been made by Jitender Pal to the deceased. The CCTV footage and receipts of the toll showed the involvement of the petitioner and the co-accused. Plastic tie lock, tape roll and scissors were recovered from the petitioner’s vehicle. Similar t