Judicial custody without direct evidence or naming in FIR is insufficient for bail denial; co-accused receiving bail influences decision.

JUDGMENT :

Alok Kumar Verma, J.

This Application has been filed for regular bail in Case Crime No. 138 of 2018, registered at police station Jaspur, District Udham Singh Nagar.

2. The applicant-Kaleem is in judicial custody for the offence punishable under Sections 302 , 307 read with Section 34 and Section 120B of the Indian Penal Code, 1860.

3. The case of the respondent is that on 25.05.2018, the informant Smt. Bhajan Kaur was present in her house with her husband Daya Singh, daughter-in-law Charanjeet Kaur, brother of her daughter-in-law Devendra Singh alias Labba, his wife Babbi and his son Happy. At around 11:00 a.m., two persons entered her house and pointed a country made pistol at her chest. They fired at her husband Daya Singh, aged about 63 years, due to which he died. Devendra Singh alias Labba was also shot, due to which, he received injuries. After inquest proceedings, post-mortem examination and last rites of the deceased, the First Information Report was lodged on 25.05.2018 at 20:30 hrs. The First Information Report was registered against the two unknown persons.

4. The deceased had two sons. One is Jagtar Singh alias Jagga and the name of the other son is Meher Singh. Jagtar Singh alias Jagga’s brother-in-law Devendra Singh alias Labba had enmity with one Gurmukh Singh alias Gorkha. Devendra Singh alias Labba went to jail because of Gurmukh Singh. Devendra Singh alias Labba (co-accused) along with his friend Aleem (co-accused) settled the matter with the co-accused Narender Sharma and Shankar Sharma alias Ravi (co-accused) for rupees ten lakhs to take revenge from Gurmukh Singh. One lakh was given in advance. After the incident, the co-accused Narender Sharma and the co-accused Shankar Sharma alias Ravi fled away on a motorcycle, bearing Registration No.UK06-L9443.

5. One empty cartridge was recovered from the possession of the co-accused Narender Sharma at the time of his arrest. A country made pistol 315 bore and a live cartridge were recovered from the possession of the co-accused Shankar Sharma alias Ravi. One bullet 315 bore and one empty cartridge 315 bore were recovered from the spot. One bullet 315 bore was recovered from the dead body of the deceased at the time of post-mortem examination. One country made pistol and a pistol 315 bore were recovered at the instance of the co-accused Narender Sharma and the co-accused Shankar Sharma alias Ravi. The said motorcycle was recovered from the custody of the co- accused Narender Sharma and the co-accused Shankar Sharma. The bullet recovered from the dead body of the deceased, the bullet and empty cartridge recovered from the spot and the country made pistol, live cartridge and empty cartridge, recovered from the co- accused persons, were sent to the Forensic Science Laboratory.

6. The allegation against the present applicant is that he was in jail for another case at the time of the incident and he provided country made pistol through his brother Aleem (co-accused) from the jail.

7. Heard Mr. Vikas Anand, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate General for the respondent.

8. Mr. Vikas Anand, Advocate, has contended that the applicant has not been named in the First Information Report. His name has surfaced in the confessional statement of the co-accused Devendra Singh alias Labba and co-accused Narender Sharma. The Investigating Officer has not recorded the statement of any jail officials. Co-accused Narender Sharma, co-accused Shankar Sharma alias Ravi, co- accused Devendra Singh alias Labba and the co- accused Aleem have already been granted regular bail by this Court. Applicant is a permanent residen