A bail application cannot be granted without sufficient evidence linking the accused to the crime; the accused may seek relief from the Sessions Court post-committal.

O R D E R

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita .

2. Petitioner is the accused in Crime No.819 of 2024 of Sreekaryam Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 103(1), 118(2), 126(2), 61(2), 324(4), 55 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that on 09.08.2024 at about 08:25 PM, the petitioner along with the other accused, in furtherance of their common intention and on account of their prior animosity towards the deceased, chased the deceased who was riding the autorickshaw and attacked him with dangerous weapons, once he stopped the vehicle, after having dragged him therefrom, wind glass in the front portion of the autorickshaw was also destroyed by them. Later, deceased had succumbed to the injuries. Thus, the above crime was registered against the petitioner and other accused for the offences under Sections 103(1), 118(2), 126(2), 61(2), 324(4), 55 and 3(5) of the BNS.

4. Heard counsel for the petitioner and the Public Prosecutor.

5. Counsel appearing for the petitioner submitted that the petitioner is the 2 nd accused and he is in custody from 14.08.2024. The Counsel submitted that there is no materials to connect the petitioner with the crime. The only allegation is that the petitioner participated in the conspiracy. But, the prosecution has not produced any materials to connect the petitioner with the crime.

6. Public Prosecutor seriously opposed the bail application. The Public Prosecutor made available the objection filed by the Investigating OfÏcer in which about 12 circumstances are pointed out against the petitioner. It is submitted that the petitioner is actively involved in the murder.

7. I do not want to make any observation about the same. Admittedly, the Final Report is filed in this case, and the case is at the committal stage. After the committal the petitioner can approach the Trial Court with bail application. Counsel for the petitioner submitted that the case is now reached the Sessions Court

8. If that is the case, the petitioner can file a fresh bail application before the Sessions Court concerned and if such an application is filed, the Sessions Court will consider the same in accordance with law.

With the above observations, this bail application is disposed of.