Principal Sessions Judge Samba MA Chowdhary rejected the bail applications of Champa Devi and Sagar Kumar who were facing trial in murder case.
According to the prosecution that petitioners/accused vide order dated 10.08.2018 had been chargesheeted for the commission of offences punishable U/Ss 302/120-B/201 RPC with the accusation that on 08.05.2018, they, under a criminal conspiracy with other co-accused, killed deceased Raj Kumar, while he was sleeping at Railway Colony Bari Brahmana and his dead body was disposed off at cremation ground.
Principal Sessions Judge Samba MA Chowdhary after hearing Public Prosecutor Samba Javed Ahmed Khawaja for the police whereas Adv RR Bhat for the applicants observed that When allegations of tampering of evidence are made, it is the duty of the court to satisfy itself whether those allegations have basis and if the allegations are not found to be concocted, it would not be a proper exercise of jurisdiction in enlarging the petitioners/accused on bail. The delay in trial is due to many factors including the current pandemic. There is no occasion for this court to be unduly influenced by the concept of liberty, disregarding the facts of the case. In view of serious allegations, though liberty is a very valuable fundamental right as enshrined in the Constitution of India but, at the same time, in a criminal case, more particularly a murder case, where a citizen who, let alone losing liberty, has lost his very life, granting of bail due to delay in trial would be a travesty of justice. The long custody by itself is not sufficient to grant bail especially in heinous offence like murder. Having regard to the facts and circumstances as enumerated hereinabove, the plea for grant of bail, in the considered opinion of this court in a heinous offence, attracting capital punishment, is not in any way justified and the application in this behalf seems to be misconceived, devoid of any merit and substance. With these observations, the Court rejected the bail application. JNF