Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant and perused the record. It has been submitted by the learned counsel for the applicant that there is no direct evidence in this case and the case rests on the circumstantial evidence. The incident took place on 18.12.2009 and after more than five weeks on 24.1.2010 the statements of witnesses Om Prakash Bajaj and Bhawani Shanker were recorded wherein it was revealed that the applicant was planning the incident with the co-accused. Another circumstance against the applicant is regarding extra judicial confession allegedly made by him on 25.1.2010 before the witnesses Prem Kumar and Vijendra Goel.
The applicant was arrested on 29.1.2010 and a sum of Rs.10,000/- was recovered from his possession, which was allegedly looted from the deceased.
It was further contended that as per the statement of alleged eyewitness Hari Prem, he heard the sound of shot being fired and had seen the co-accused Mohit and Praveen running away from the place of occurrence.
Learned A.G.A. and learned counsel for the complainant submitted that robbery was the motive and a sum of Rs.2,40,000/- was looted by the applicant and the co-accused. A sum of Rs.10,000/- recovered from the possession of the applicant was part of the looted money. It was further submitted that applicant was the main brain behind the incident.
Applicant is not named in the F.I.R. The alleged eyewitness Hari Prem has also not named the applicant. Bank notes recovered from the possession of the applicant do not bear any initials whereas, the prosecution case is that first and last note of every packet were initialed by brother-in-law of the deceased. The statements of witnesses of criminal conspiracy were recorded after more than five weeks.
Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
Let applicant Shiv Lal Bansal alias Kala involved in case crime no.2153 of 2009 under Sections 302, 394, 120-B, 411 I.P.C. pertaining to Police Station New Mandi, District Muzaffar Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 28.6.2010 ss