The severity of the charges and the prima facie satisfaction of the court in support of the charge are crucial in deciding bail applications in serious offences.

JUDGMENT :

1. By this common order, the afore-titled two bail applications, which arise from FIR No.35/2017 for offences under Sections 302, 307,458,436,511,201,120-B RPC and 7/25 Arms Act registered with Police Station Gandoh, are proposed to be disposed of.

2. The petitioners, who are facing trial in respect of charges for offences under Sections 302, 307,458,436,511,201,120-B RPC and 7/25 Arms Act before the Court of learned Additional Sessions Judge, Doda (‘trial Court’ for short), have moved this Court for grant of bail in terms of Section 439 of Cr.PC.

3. The first ground that has been urged by the petitioners is that they have been arrested in the year 2017 and since then, they have been in custody without there being any possibility of completion of trial in near future. It has been contended that only 24 prosecution witnesses have been examined by the prosecution before the trial Court, whereas in the challan, as many as 55 witnesses have been cited and that there is no immediate prospect of conclusion of the trial. Therefore, on the ground of long incarceration of the petitioners, they are entitled to grant of bail as the right to speedy trial has been recognized as a fundamental right which is being violated in the case of the petitioners.

4. The other ground that has been raised by the petitioners is that most of the material prosecution witnesses have been examined by the prosecution and that they have not supported the involvement of the petitioners in the alleged crime. It has been submitted that even if the remaining witnesses depose against the petitioners, still then, there are no chances of their conviction. Hence, even on merits, the petitioners are entitled to bail. It has also been contended that two other accused Bashir Ahmed and Altaf Hussain have been enlarged on bail by the trial Court and the role of the petitioners in the alleged crime is of a lesser degree than the role of afore-named two co-accused, as such, the petitioners are entitled to bail even on merits.

5. I have heard learned counsel for the parties and I have also perused the record of the case including the trial Court record.

6. Before adverting to the grounds that have been urged by the petitioners for grant of bail, it would be apt to notice that the petitioners had initially applied for bail before the trial Court in the year 2019 and their bail application was dismissed by the said Court vide order dated 20.09.2019. Thereafter, they moved application for grant of bail before this Court and a Coordinate Bench of this Court vided order dated 04.08.2021 passed in Bail App No. 194/2020 declined the prayer of the petitioners. Thereafter, the petitioners again approached the trial Court on 23.07.2022 but their bail application was dismissed by the said Court in terms of order dated 19.07.2023. So, the present bail application is the fourth in series filed by the petitioners.

7. So far as the prosecution case is concerned, the same has been briefly stated by the trial Court in its order dated 19.07.2023 while rejecting the bail application of the petitioners. It would be apt to reproduce paras (5) and (6) of the said order wherein the facts have been narrated. The same read as under:

(5) An information was allegedly received by police post Kahara on 08.05.2017 at 2.50 a.m. from the reliable sources to the effect that some unknown militants/terrorists laced with illegal arms and ammunition attacked police picket, Tanta and targeted SPO Kiker Singh and SPO Mohd. Yunis with indiscriminate firing, as a consequence of which both were seriously injured and were lying in pool of blood in the aforesaid post. perpetrators, it was alleged subsequently fled from the spot taking advantage of dark. Finally, on this information FIR NO. 35 of 2017 for offences under sections 302 and 120-B of RPC and Section 7/27 of Arms Act was registered and investigation began. Subsequently, on 09.05.17, injured SPO Mohd. yunis succumbed to injuries in the hospital. Sp