This bail petition is filed by the petitioners/accused

Nos.2 and 3 under Section 439 of Cr.P.C. in connection

with Crime No.166/2020 of Sirwar Police Station registered

for the offences punishable under Sections 120(B), 363,

302, 201, 109 read with Section 34 of Indian Penal Code,

1860. Since from the date of arrest, the accused are in

judicial custody and hence, learned counsel prays for

enlarging the petitioners on bail among the grounds urged

therein.

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Heard learned counsel appearing for the

petitioners as well as learned High Court Government

Pleader for the State and perused the records.

3.

It transpires from the prosecution case that:-

Accused Nos.1 and 4 were involved in a love affair

since one year. That the engagement of accused No.4 was

fixed with the son of C.W.1 by name deceased Maheboob.

As such, accused Nos.1 and 4 hatched a criminal

conspiracy

to

eliminate

the

deceased

Maheboob.

Accordingly, on 16.11.2020 at around 10-00 a.m., meeting

of mind has been taken place among the accused persons

in the aforesaid crime to commit the murder of deceased

Maheboob. As according to the conspiracy hatched among

all the accused, accused Nos.1 and 2 who came to Sirwar

and abducted the deceased Maheboob forcibly and took

him to the land of one Mallappa and accused Nos.2 and 3

caught hold the deceased firmly and accused No.1 who

tied mouth of the deceased Maheboob with means of

Muffler and strangulated his neck and committed murder

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mercilessly. Subsequent to committing murder of the

deceased Maheboob, with an intention to disappearance of

the evidence, the dead body of the deceased has been

buried in the aforesaid land, where the offence has taken

place as narrated in the complaint and also in the

chargesheet laid by the Investigating Officer against the

accused.

4.

On 29.11.2020, a criminal law was set into

motion by registering the case in Crime No.166/2020 and

the complainant has lodged the complaint and based upon

his complaint, the crime was came to be registered and

thereafter, the Investigating Officer has taken up the case

for investigation and during the investigation, recorded

statements of the witnesses and so also collected the

material documents and conducted mahazar in the

presence of the pancha witnesses and laid the chargesheet

against the accused. The case in S.C.No.29/2021 is

pending for facing up of a trial for the aforesaid offences

by the petitioners being arrayed as accused.

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5.

Learned counsel for the petitioners during the

course of his arguments has contended that there is no

direct overt act attributed against petitioners who arrayed

as accused and even though the chargesheet has been laid

by the Investigating Officer against the accused relating to

involvement of these accused in committing heinous

offences and murder of the deceased Maheboob by

abducting him and also carried him to the scene of crime

i.e., land belonging to one Mallappa, but there is no

specific overt act attributed against these accused. The

accused are in judicial custody since from the date of

arrest and more so, the accused are ready to abide any

terms and conditions that may be imposed by this Court

while granting bail. On all these premises, the learned

counsel for the petitioners prays to consider all the

grounds as urged in this petition and grant bail. While

dictating, the learned counsel for the petitioners submits

that even though the chargesheet has been laid against

the accused and there is no eyewitness relating to

commission of offences. This submission made by the

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learned counsel is placed on record and even keeping in

view the submission made by the learned counsel for the

accused, it cannot be said that there is no specific role

made by each one of the accused in committing the

murder of the deceased Maheboob.

6.

Per contra, learned High Court Government

Pleader for the State submits that these accused have also

involved with the co-accused and more so, in committing

the murder of the deceased Mahebo