A petition was filed under section 438 of the code of criminal procedure 1973 seeking bail for the petitioner in the event of his arrest.
The petitioner was one of the accused of committing offence under section 302 read with section 34 of IPC and section 3(2)(v) of the scheduled castes and the scheduled Tribes (prevention of atrocities) act. The accused had allegedly attacked the deceased in the case with sticks and also chased him with other weapons. The accused no 1 along with others is said to have committed the aforesaid offences in furtherance of a common intention.
Submission of the parties
The petitioner that is the accused no 1 has submitted that the allegations made against him are false and fabricated. The petitioner submitted that she only instigated the other accused to commit the said offences.
The respondent had submitted that the accused instigated and attacked the deceased. Further the respondent submitted that the statement of the witnesses reaffirms the same. The respondent also contended that the accused no 1 was present a party to the offense at the time of the commission. The respondent contended that the investigation is pending and the accuse shared a common intention with the other accused in the case. Therefore, the petition may be dismissed and bail may not be granted
The Court observed that this is a case relating to murder of the deceased. The investigation of the case is pending. The accused is said to have committed offence under section 302 read with 34 of IPC. The court further noted that the Accused was present at the scene of offence at the time of commission. The statement of witnesses recorded also disclosed that the accused had participated in the commission of the offence. The court stated that since the accused had instigated the other accused in the case to commit the offence he had prima facie shared a common intention.
Keeping the gravity of the offence in mind the court dismissed the present criminal petition. The anticipatory bail denied and criminal petition dismissed.
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