1. This is an application for bail filed by the Applicant who is Accused No.4 in Crime No. 50/2021 registered on 16.07.2021 with the Vasco Da Gama Police Station for offences under S.120 - B, 302, and 307 of IPC. Subsequent to the investigation being completed in this case, a chargesheet came to be filed on 12.10.2021, which is pending before the Sessions Court at Margao (Sessions Case No. 10/2021).

2. It is the case of the prosecution that the Applicant, who is Accused No.4 hatched a conspiracy to eliminate the deceased Amar Naik, since the deceased was in a relationship with the sister of the Accused No.4 who opposed to the marriage of his sister with the deceased. It is the prosecution's case that with the motive of eliminating deceased Amar Naik, the Applicant hatched a plan and conspired with Accused No. 3, Ravishankar Yadav, to engage the services of Accused Nos. 1 and 2 to carry out his plan. It is further the case of the prosecution that Accused No.3 hired Accused Nos. 1 and 2 to carry out this plan, and to finance the execution through the alleged hired killers, Accused No. 4 transferred certain sums of money to the account of the Accused No. 3, who used this amount to procure the services of Accused Nos. 1 and 2. According to the prosecution, this conspiracy was hatched somewhere between 03.03.2021 and a few months thereafter when the Applicant was residing in Dubai, where he worked as a Diesel Engine Mechanic.

3. It is further the prosecution's case that after Accused Nos. 1 and 2, who are otherwise permanent residents of Uttar Pradesh, but were at the relevant time residents of Panvel (Maharashtra), were hired by Accused No.3. They were brought to Goa by Accused No. 3 and were lodged at a Guest House in Anjuna belonging to the brother of Accused No. 3, one Alok Yadav; that pursuing the conspiracy, Accused Nos. 1 and 2 at the behest of Accused Nos. 3 and 4, posing as potential customers for buying real estate in Goa, got in touch with the deceased, with whom they fixed a meeting to check plots of land at Bogmalo, Vasco Da Gama, a week prior to the incident. That on 15.07.2021, at around 03:00 pm, Accused Nos. 1 and 2 met the deceased in the presence of one Pritesh Ghadi at a site of some plots at Bogmalo, where Accused No.1 shot the said Amar in the head with a firearm procured and supplied to him by the Accused No.3 resulting in his death. The witness Pritesh wrestled the firearm from the hand of the Accused No.1 and then escaped from the site and hid himself. After the police were notified by Pritesh, the injured Amar was shifted to Sub District Hospital, Chicalim, where he was declared dead.

4. It is further the prosecution's case that the Accused Nos. 1 and 2, who had hired a car and come to the site of the incident, were arrested on 16.07.2021. Two firearms was recovered at their behest under the Recovery Panchanama, after which Accused No. 3 was arrested on 17.07.2021. It is the prosecution's case that from a phone recovered from the Accused No.3, whose data was analysed, several voice recordings were retrieved of a conversation between the Accused No. 3 and the Accused No. 4 / Applicant. According to the prosecution, the phone number against which the voice recordings were retrieved was '009715525905', which was discovered from the statement recorded of a witness, one Akshay Kinlekar. The case of the prosecution is that this witness had disclosed that the Applicant had called him from the aforementioned phone number on 03.03.2021, just prior to the incident, to have a conversation about the relationship of the deceased Amar Naik with the sister of the Applicant.

5. Whilst opposing this application, the Investigating Officer has filed a reply, setting out the following grounds for denying bail to the Accused: i. That it is required for the Applicant to undergo a Voice Sampling Test, which necessitates that the custody of the Accused be granted to the Investigating Authorities, an application for which had bee