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TMI Blog2019 (8) TMI 1756X X X X Extracts X X X X X X X X Extracts X X X X ..... bail mainly on the premise that now there is change in the circumstances. The change, as per the learned Senior Counsel is that now the learned Trial Court has recorded the testimonies of three prosecution witnesses and their testimonies create a doubt qua the veracity of the prosecution case - this Court does not see any change in the circumstances and mere examination of some of the prosecution witnesses cannot be said to be a ground for change in circumstances and ultimately for grant of bail. In a catena of cases, the Hon'ble Supreme Court, as also different High Courts, culled out the principles for grant of bail. In the case in hand, this Court cannot shut its eyes to gravity and seriousness of the crime, the manner in which the alleged crime was perpetrated, the fact that there is possibility that in case the petitioners are enlarged on bail, they may tamper with the prosecution evidence, as most of the prosecution witnesses are yet to be examined. This Court also finds that presently the trial is at crucial stage and there is strong possibility that in case the petitioners are enlarged on bail, they may tamper with the prosecution evidence and they will be in a posi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the investigation ensued. Postmortem examination on the corpse of the deceased was conducted. Police prepared the spot map and clicked photographs of the spot. CCTV footage was obtained and police recovered empty cartridges, sword like weapon, having blood, pieces of carton etc. During the course of investigation, it was unearthed that the petitioners alongwith other accused persons fled away from the spot in vehicle, having registration No. UP14FT-3871. The petitioners was arrested on 27.06.2016 and they were medically examined. Police collected the scientific evidence for analysis. Other accused persons were also arrested. Scientific samples collected from the spot were chemically examined in Forensic Science Laboratory, Junga. CCTV footage was also examined, which shows the presence of the petitioners and other accused persons on the spot. During the course of investigation, it was unearthed that the petitioners alongwith other accused persons were on tour to Dharamshala and Shimla and while returning they stopped in the dhaba of the deceased. The petitioners and other accused persons were not satisfied with the food quality, so a quarrel started and petitioner Rahul Malik ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ahul Malik and not even a single iota of evidence has come in the investigation against him, which even remotely connects him with the alleged offence. 5. Conversely, learned Deputy Advocate General has argued that as the petitioners are residents of Uttar Pradesh, there is possibility that in case they are enlarged on bail, they may flee from justice. He has further argued that there is ample material against the petitioners and it has come in the investigation that the petitioners alongwith other accused persons were first aggressors. He has argued that a person lost his life in the occurrence and the material, which has come on record, including the CCTV footage, clearly show that he was killed by one of the petitioners herein. He has further argued that bail applications are being filed in succession, but there is no change in the circumstances, so keeping in view the heinousness of the crime and the manner in which the same was done by the petitioners, alongwith other accused persons, the bail applications may be dismissed. 6. Learned Senior Counsel for the complainant and argued that in the present case the prosecution witnesses are being examined and till now only thre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... astly, the learned Senior Counsel prayed that the bail applications of the petitioners may be allowed and the petitioners be enlarged on bail. 8. Section 439 Cr.P.C. gives an unfettered discretion to the High Courts or Court of Sessions to admit an accused on bail, but that discretion must be exercised judicially. The Court can always refuse bail on any of the grounds, be it possibility of tampering with the prosecution evidence by the person seeking bail, gravity and seriousness of the offence or otherwise. 9. Admittedly, the petitioners have moved bail applications in succession when the same are being dismissed. It is settled law that the person seeking bail has to clearly demonstrate change in the circumstances, in case his earlier bail application was dismissed. In the case in hand, the learned Senior Counsel for the petitioners has tried to sketch out the ground for grant of bail mainly on the premise that now there is change in the circumstances. The change, as per the learned Senior Counsel is that now the learned Trial Court has recorded the testimonies of three prosecution witnesses and their testimonies create a doubt qua the veracity of the prosecution case. Be th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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