The court affirmed that circumstantial evidence can establish joint mens rea, justifying the denial of bail despite the absence of direct incriminatory material.

JUDGMENT

Sureshwar Thakur, J.

The instant appeal as constituted under the provisions of section 21(4) of the National Investigation Agency Act, 2008, is directed against the impugned order drawn on 20.04.2023 (Annexure A-1), whereby the learned Special Judge, NIA, Punjab, SAS Nagar proceeded to decline the claimed facility of regular bail to the present appellant(s).

2. The learned counsel appearing for the appellant(s), has vigorously argued before this Court, that despite no incriminatory material becoming marshalled by the investigating officer, in respect of their culpability in the appeal-FIR, yet the learned Special Judge proceeding to decline the claimed facility of regular bail to the present appellant(s).

3. In the above regard, he submits that neither any incriminatory role in the disclosure statement, was made against the present appellants concerned, by co-accused Inderjeet Singh, nor any efficacious recovery became effected at their respective instances, thus to the investigating officer concerned.

4. Therefore, he submits that the incriminatory role, as assigned to the present bail appellants, thus merely on the basis of disclosure statement (supra) as made by co-accused concerned, is neither sufficient nor ample, for thereby concluding, that the present appellants were required to be not granted bail, by the learned Special Judge concerned.

5. Consequently, he contends that Annexure A-1, is required to be set aside and thereby the present applicants be enlarged on regular bail, on such terms and conditions, as deemed fit to be imposed, upon them, by this Court.

6. Before proceeding to adjudicate upon the above made contention(s) before this Court by the learned counsel for the appellant(s), it is deemed necessary to unfold, that in the appeal FIR, not only offence(s) under the UAPA Act, have been embodied but also offences punishable under Section 302 and 34 IPC, besides offences punishable under sections 25 and 27 of the Arms Act, are thus alleged to be committed by the present bail applicants-appellants, thus with theirs holding a culpable conjoint mens rea with the other co-accused.

7. The deceased, is one Comrade Balwinder Singh Sandhu, who was running an educational institution. It is alleged that the present bail applicants-appellants, as well as, the other co-accused were allegedly propagating Khalistan ideology, whereas, it is espoused that the deceased rather being pro actively engaged in ensuring the curbings/restrainings the propagation of the Khalistan movement by the accused. As a consequence, or to wreak vendetta, upon, the deceased, thus the accused allegedly hatched a conspiracy to murder him.

8. Now, adverting to the above made submissions made before this Court by the learned counsel for the appellants, and also for making an adjudication with respect to the validity of the said submissions, it is deemed necessary to allude, to the signatured synopsis placed on record, by the investigating officer concerned.

9. A reading of the signatured synopsis, is most imperative, as, thereupon, it would become unveiled, whether the present bail applicants, did hold any culpable mens rea along with the principal accused concerned, namely one Inderjeet Singh, in the latter proceeding to commit the murder of deceased comrade Balwinder Singh Sandhu.

10. The incriminatory role, as assigned in the signatured synopsis, vis-a-vis the present bail applicants reveals, that they had in the hereafter extracted manner, made themselves culpable along with, the principal accused concerned, inasmuch as, theirs along with principal accused, thus holding a joint mens rea of conspiring along with him, to commit the murder of deceased Comrade Balwinder Singh Sandhu.

i) The bail applicants are, as revealed by a deep scrutiny, and, analysis of seized mobile phones, CDRs of accused persons, thus to on dates immediately proximate, to the ill fated occurrence taking place at the crime site, hence make a reconnaissance of the crime s