Bail can be granted when there is insufficient evidence of the accused's knowledge of the crime and no risk of flight or witness tampering.

Order

28/11/2024

This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.121/2024 registered at Police Station Matili-Rathan, District Sri Ganganagar, for offences under Sections 103(1) and 61(2) of BNS and Sections 27 and 5/25 of the Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per prosecution, the deceased Pradeep Kumar was killed by the co- accused persons namely Akashdeep and Mukesh @ Mangej by using a firearm which was provided to them by the present petitioner. Learned counsel submitted that there is nothing on record to indicate that the petitioner had any motive to commit the alleged crime. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of disclosure statements of the co-accused Akashdeep recorded under Section 27 of the Indian Evidence Act while he was in custody.

Drawing attention of the Court towards the challan papers, learned counsel submitted that as per the prosecution, the petitioner provided the firearm to the co-accused Akashdeep but there is nothing on record to establish that at the time when the firearm was procured by Akashdeep, the petitioner had any knowledge about the intention of co-accused Akashdeep of killing the deceased.

Lastly, learned counsel submitted that the investigation against the petitioner has already been completed; challan against him has already been filed and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra , learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that specific allegation of the deceased being murdered by using firearm has been levelled against the co-accused persons Akashdeep and Mukesh @ Mangej. Having gone through the challan papers, this Court prima facie finds sufficient force in the argument advanced by the learned counsel for the petitioner that at the time when the firearm was procured by Akashdeep, the petitioner was not having any knowledge about the intentions of the co-accused persons of committing the alleged crime. This Court also finds that the trial of the case is likely to consume time and the prosecution has not shown any apprehension of the petitioner influencing the material prosecution witnesses or fleeing away from justice in case he is enlarged on bail.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Shamsher Singh @ Shera S/o Shri Raj Singh arrested in connection with F.I.R. No.121/2024 registered at Police Station Matili-Rathan, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.