JUDGMENT :

Alok Kumar Verma, J.

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.208 of 2019 (Sessions Trial No.01 of 2020), registered at Kotwali Kotdwar, District Pauri Garhwal.

2. Applicant is in judicial custody under Section 302 of the Indian Penal Code, 1860.

3. Briefly stated, the prosecution case is that the informant Yatish Chandra Daundiyal lodged an FIR that his younger brother Shekhar Chandra Daundiyal, aged about 46 years, was working in Shiv Cable. On 13.08.2019, at around 3:25 hrs, he was shot dead by two unknown persons in the control room of Shiv Cable, situated at Simbalchaur, Kotdwar. He got information about the said incident from the persons of Chandrabani Cable Network. An FIR was registered on 14.08.2019 at 12:05 p.m. During the course of investigation, CCTV footages were collected. It was found from the CCTV footages that two unknown persons came on a motorcycle (Registration No.UK08P-8754), shot fire upon the deceased and ran away. Some other CCTV footages were also collected by the Investigating Officer.

4. The inquest panchnama was drawn. As per the post-mortem report dated 14.08.2019, the cause of death was haemorrhagic shock as a result of anti-mortem fire arm (gun shot) injury. A bullet was recovered from subcutaneous tissues posteriorly.

5. Two empty cartridges of 32 bore pistol were recovered from the place of the incident. The photos of the applicant and co-accused, obtained from the CCTV footages, were circulated and on the basis of an information, provided by the police informer, applicant and co-accused Monu Malik were arrested on 27.08.2019. At the time of their arrest, they were on a stolen motorcycle. Apart from the said stolen motorcycle, a country made pistol was also recovered from the possession of the co-accused Monu Malik. Applicant and the co-accused confessed their guilt before the police and stated that they committed the murder on the direction of one Narendra Balmiki and Rupesh Tyagi. The country made pistol, recovered from the possession of the co-accused, two cartridge cases, collected from the place of incident, and the bullet, recovered from the dead body of the deceased, were sent to the Forensic Science Laboratory for examination. Upon conclusion of the Investigation, charge-sheet was filed.

6. Mr. Kurban Ali, Advocate, contended that the applicant has been implicated in the present matter. The entire case of the prosecution rests against the applicant on CCTV footages. The said CCTV footages are not of the place of incident. The said CCTV footages are at a distance of about 2 Kilometers, 10 Kilometers, 70 Kilometers and 100 Kilometers from the place of occurrence. The said motorcycle (Registration No. UK08P-8754) did not belong to the applicant. The said motorcycle belonged to one Birendra Kumar. The said pistol is said to have been recovered from the possession of the co-accused. The confessional statements are not admissible in evidence. There was no motive for the applicant to commit the said offence. The prosecution has examined only six witnesses till date, while the applicant is in custody since 27.08.2019 and the charge-sheet was filed on 23.11.2019. Applicant has not been convicted by any Court. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

7. On the other hand, opposing the bail application, Mrs. Manisha Rana Singh, learned A.G.A., has submitted that as per the report of the Forensic Science Laboratory, the bullet, recovered from the dead body, was fired by pistol, recovered from the possession of the co-accused Monu Malik. She has fairly conceded that no pistol was recovered from the possession of the present applicant and the CCTV footages, in which the applicant was identified, are not related to the place of occurrence.

8. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction