Confessional statements to the police cannot be accepted as legal evidence against the accused in the absence of any other incriminating piece of evidence.

JUDGMENT

Rajeev Kumar Dubey, J. - Heard with the aid of case diary.

This is the first application under Section 439 of the Cr.P.C. for grant of bail. applicant Rahul @ Sunil Singh was arrested on 07.12.2021 in connection with Crime No.1506/2021 registered at Police Station Kolgawan, District Satna for the offence punishable under Sections 34(2), 49a, 42 of Excise act, 1915 and Section 420, 467, 468 & 471 R/W 34 of IPC.

as per prosecution case, on 06/12/2021 on the information of informant that co-accused Shivam Vishwakarma, Sandeep Saket and Ranjeet Kushwaha who resides in the house of Ravendra Prasad Raikwar located at Housing Board Colony in front of Medical College on rent kept huge amount of English liquor for illegal sale in the house, on that Dashrath Singh Baghel, Sub-Inspector, Police Station Civil Lines, District Satna along with other members of the police force went to the spot, on seeing him co-accused Ranjeet Kushwaha fled away from the spot and police arrested co-accused Shivam Vishwakarma and Sandeep Saket and seized 2070 bulk liter of English liquor from their possession which was illegally kept by them in that house and also sized two motorcycle and three touch screen mobile from their possession. On interrogation, co-accused Shivam Vishwakarma and Sandeep Saket informed him that applicant Rahul @ Sunil Singh and co-accused Jai Shankar Rai, Pawan Singh, Sandeep Tiwari, Raja Bhaiya @ Vijay Pratap Singh were also involved in that illegal sale of English liquor. On that police also arrested the applicant on 07.12.2021. Since then the applicant is in custody.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. Nothing has been recovered from the possession of the applicant. Police only on the basis of a memorandum of co-accused implicated the applicant with the crime, while the confessional statement of co-accused to the police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. The applicant has been in custody since 07.12.2021 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent-State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that there is no direct evidence on record to connect the applicant with the crime, nothing has been recovered from the possession of applicant, Police only on the basis of memorandum of co-accused implicated the applicant in the crime, while confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence, the applicant is in custody since 07.12.2021 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usua