Bombay High Court at Goa grants bail to murder accused for lack of cogent evidence
Title: Ravishankar Yadav v. State
Decided on: August 7, 2023
Citation: 2023 SCC OnLine Bom 1611
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
This is an application for bail. The applicant was arrested for offence punishable under Sections 302 and 307 of Penal Code, 1860, (IPC). The prosecution has alleged that the co-accused fired at the deceased and also tried to kill the complainant. It is alleged that there was animosity between the deceased and one of the accused who had hired the assailants to liquidate the deceased. The prosecution has also argued that the offence is of serious nature and that there is sufficient evidence to show that the applicant was a conspirator in the crime. They also rely upon the statement of the applicant’s brother who was running the guesthouse and his statement reveals that accused were occupying the premises in the guesthouse at the same time as the applicant and that they acted in connivance.
Court Analysis and Judgement:
It was argued by the Advocate for the applicant that the applicant is not the assailant in the crime. He was not found anywhere near the spot of incident. There is no evidence to show his connection with the incident of firing at the deceased. There is no other cogent evidence to establish that there was any conspiracy between the applicant and the accused. The amount which is allegedly credited into the bank account of the applicant at the instance of the accused was in relation to a different transaction which has no connection with the present crime. It is further submitted that the applicant has no criminal antecedents. The applicant had been in custody for a period of about two years. The court held that it is not clear as to when the trial would be over and also that there is no cogent evidence to establish that the amount which was credited into the bank account of the applicant was handed over to the assailants. Considering the facts of the case and period of incarceration undergone by the applicant, bail was granted.
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Written by- Reema Nayak
