2021 (11) TMI 1141 - HC - Indian Laws

Seeking grant of bail - criminal conspiracy - murder of Sheena Bora after her abduction - HELD THAT - Applicant is charged with an act of criminal conspiracy, causing disappearance of evidence, furnishing false information in respect of the offence, committing murder of her own daughter after kidnapping with an intention to murder and forgery. Deceased Sheena was in love with Rahul, who is a star witness in the present case. Rahul, is the son of the first wife of accused No. 4 Peter. Initially, applicant was in live-in relationship with Siddharth Das from whom son Mekhail and daughter Sheena was born. Applicant performed her marriage with Sanjeev Khanna on 29/03/1993 and daughter Vidhi was born out of the said wedlock. It appears that the prosecution has taken enough precaution and provided best of the medical facilities to the applicant. In the wake of the observations made by the Trial Court in its order, there is hardly any convincing reason which warrants her release on medical grounds. Apart from above, this Court is in complete agreement with the reasons furnished by the Court below while rejecting the bail on merits. The material in the form of circumstantial evidence very much connects the direct involvement of the applicant in the crime. The trial court while dealing with the claim of the applicant on merits vide order dated 05/08/2020 has in detail dealt with the claim put forth including that of medical condition - Reasons cited in the said order are germane to the cause for rejection of the bail. No case for bail is made out - Application dismissed.

Summary

Issues:
Bail application in a case involving criminal conspiracy, murder, and other serious offenses.

Analysis:
1. The applicant sought bail in a case involving various sections of the Indian Penal Code and the Information Technology Act. The prosecution alleged that the applicant, along with other accused, conspired to murder Sheena Bora after her abduction.

2. The applicant's counsel argued that despite the trial's commencement, the applicant should be granted bail due to her prolonged incarceration, health condition, and lack of direct evidence linking her to the crime. It was emphasized that the applicant has deep roots in society and is available for prosecution.

3. The CBI opposed the bail plea, asserting that there is substantial evidence implicating the applicant as the prime accused in the crime. The prosecution highlighted the material on record to support the claim that the applicant does not merit discretionary relief.

4. The court noted that the applicant was charged with criminal conspiracy, murder, forgery, and other offenses related to the abduction and killing of her daughter, Sheena Bora. Witness statements and the approver's testimony directly implicated the applicant in the crime.

5. Despite the trial's ongoing nature and potential delays, the court found that the serious nature of the offenses required thorough examination of witnesses. The court also considered the impact of the pandemic-related trial delays on the case's progress.

6. The court reviewed the Trial Court's orders denying bail based on merits and medical grounds, noting the prosecution's provision of adequate medical facilities to the applicant. The circumstantial evidence strongly connected the applicant to the crime, justifying the denial of bail.

7. Emphasizing the importance of crucial trial stages and pending witness examinations, the court concluded that releasing the applicant on bail could hinder the prosecution's progress. The court agreed with the Trial Court's detailed reasons for rejecting bail based on merits and medical conditions.

8. Ultimately, the court found no compelling reason to grant bail to the applicant, considering the gravity of the charges, the evidence on record, and the stage of the trial proceedings. The bail application was rejected based on the existing circumstances and the Trial Court's previous orders.