TaxTMI 
TaxTMI 
2021 (10) TMI 1438
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....e fact that Petitioner has remained in custody for a period of three years and ten months, she is a female, no overt act is assigned to her in the present case, co-Accused Vijay Pal against whom there was allegation has been given benefit of bail, after rejection of fourth bail application by this Court, there is variance in prosecution story, earlier the presence of Accused was s[h]own at the tea shop and later on presence of Accused according to witness is shown at the place of occurrence and conclusion of trial will take time, hence, I deem it proper to allow the fifth bail application. 3. The Appellant is the son of the deceased-Daansingh-who was the Sarpanch of the village. It has been alleged that there was a prior enmity between the Accused and the deceased, as a consequence of which the husband of the second Respondent together with certain other members of his family and sharp shooters shot at Daansingh in September 2015. Daansingh survived the incident. FIR No. 466 of 2015 Under Section 307 of the Indian Penal Code was registered at Police Station Kumher. The second Respondent was arrested and charge-sheeted. The evidence of Daansingh was to be recorded at the criminal....
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....act is attributed to the second Respondent since the charge-sheet, which has been submitted after investigation, indicates that a. The second Respondent was using as many as four sim cards and was in constant contact with Prahlad, the co-Accused who was hired as a sharp shooter, and her son Anek, who is also a co-Accused; and b. The second Respondent was the custodian of the weapons used in the crime; (ii) The High Court had in its order dated 8 September 2020 specifically noted that the second Respondent was not co-operating in the investigation of the case; (iii) Four earlier bail applications have been rejected and there was no change in the circumstances to warrant the grant of bail; (iv) No parity could be claimed with the co-Accused Vijaypal since he has not been charge-sheeted; (v) The investigation has revealed that the deceased was murdered with the aid of a hired sharp-shooter shortly before he was to depose at the criminal trial in the case arising out of FIR No. 466 of 2015 Under Section 307 of the Indian Penal Code; (vi) The second Respondent, as the prosecution alleges, was following the car of the decease....
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....nd-fast Rules regarding grant or refusal of bail, each case has to be considered on its own merits. The matter always calls for judicious exercise of discretion by the Court. 12. While granting bail in the present case, the High Court has observed that "no overt act is assigned to her (the second Respondent) in the present case". These observations are erroneous. The final report Under Section 173 of the Code of Criminal Procedure indicates that the investigation has revealed that: (i) The second Respondent was using as many as four sim cards and was in touch with one of the sharp-shooters who was hired to commit the crime; and (ii) She was the custodian of the weapons which were stored at the rental premises where she resided. 13. On the first aspect, the charge-sheet contains the following details in regard to the use of the mobile numbers of the second Respondent: From them analysis of these Call Details, following facts have come to light: 1. Mobile Number: [xxxxxxxx00] (Omvati): The Call details of this Mobile Number were procured from date 01.08.2017 onwards until the date of occurrence of the case incident and found that said number ....
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....d to be under the usage of Omvati. 8. Mobile Number [xxxxxxxx89] (Omvati): this Mobile Number [xxxxxxxx89] was found to have been issued in the name of Omvati - wife of Ratansingh - resident of Sabaura, Police Station: Kumher, Bharatpur and on analysing the CDR of said number it was found to have been used in an instruments or instrument of IMEI Numbers [xxxxxxxxxxxx970] and [xxxxxxxxxxxx960]. When the CDR of IMEI No. [xxxxxxxxxxxx960] was procured, it was found that Mobile Number [xxxxxxxx57] related SIM card has been used in it. In this way, it has become apparent that said Mobile No: [xxxxxxxx57] was used by Omvati wife of Ratansingh, resident of Sabaura, Kumher, Bharatpur and the aforesaid IMEIs [xxxxxxxxxxxx970] & [xxxxxxxxxxxx960] were used from a single Mobile Handset by her. On 11.09.2017 - i.e. the date of occurrence of this case incident, its location was traced as Ashok Vihar, Subhash Nagar, Bharatpur, Kumher, Ranjeet Nagar, Bharatpur, Near Railway Station Bharatpur etc. 15. The charge-sheet contains an analysis of the call data records. Apart from the material drawn from the call data records, it has been found during the course of the investigation that in ....
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....d was facing trial for an offence punishable Under Section 302 of the Penal Code. Several bail applications filed by the Accused were dismissed by the Additional Chief Judicial Magistrate. The High Court in turn allowed the bail application filed by the Accused. Setting aside the order [Ashish Chatterjee v. State of W.B., CRM No. 272 of 2010, order dated 11-1-2010 (Cal)] of the High Court, D.K. Jain, J., speaking for a two-Judge Bench of this Court, held: (SCC pp. 499-500, paras 9-10) 9. ... It is trite that this Court does not, normally, interfere with an order [Ashish Chatterjee v. State of W.B., CRM No. 272 of 2010, order dated 11-1-2010 (Cal)] passed by the High Court granting or rejecting bail to the Accused. However, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the Accused had committed the o....