Legal Matter - from Original Judgment

Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. Petitioner is behind the bars since 03.09.2021. Chargesheet has been filed against the petitioner. Learned counsel for the petitioner submits that there is no connecting evidence against the petitioner regarding alleged offence. Learned counsel for the petitioner submits that no motive and intentions of the petitioner is proved by the material collected during investigation. Learned counsel for the petitioner submits that as per FSL report, pistol recovered from the co-accused were not used in this case. Learned counsel for the petitioner also submits that allegation of prosecution is that petitioner and deceased has enmity but letters written by deceased reveals that there is no enmity between the petitioner and deceased rather deceased appreciated the work done by petitioner and also made recommendation for extension of time. Learned counsel for the petitioner also submits that present FIR was lodged after inordinate delay of 12 hours. Learned counsel for the petitioner also submits that eye witness Trilok in his statement under Section 161 Cr.P.C. clearly stated that he had not recognized any person. Learned counsel for the petitioner submits that nothing was recovered from the petitioner. Conclusion of trial may take long time. So, petitioner be enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the arguments advanced by learned counsel for the petitioner and submitted that petitioner is Managing Director of M/s Om Pvt. Ltd. He had got contract to build bridge and deceased was engineer. Deceased has duty to supervise the work and give return to NHAI. Learned Public Prosecutor has also submitted that petitioner wants to change the design of bridge and he wants to build double span bridge instead of single span and as per correspondence, deceased had refused to accept the proposal of petitioner and recommended to withheld crores of rupees of the petitioner's company. Learned counsel for the complainant also submitted that during investigation CCTV footage, call details and documentary evidence collected by Investigating Officer that clearly reveals that petitioner and other co-accused hatched conspiracy to kill the petitioner. And they hired professional shooter. Professional shooter were brought on the spot and they had shot the deceased. So, looking to the gravity of the offence, the bail be dismissed.