(1.) . This criminal petition is filed by the petitioner - accused No.2 under Section 439 of Cr.P.C. in S.C No.14/2019 arising out of APMC Navanagar P.S. Crime No.29/2018 for offences punishable under Sections 302, 120B read with Section 34 of IPC. Since from the date of his arrest, the petitioner is judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail.
(2.) The factual matrix of this petition are as under:
(3.) Whereas, learned counsel for the petitioner who has grounded in this petition that accused No.2 is an innocent person and he has not committed alleged offences. But the entire case rests upon circumstantial evidence and there is no direct overt act attributed against the accused. This accused has been implicated in the aforesaid offences alleging that he has committed the murder of the deceased with the assistance of accused No.1. It is further contended that there is no direct or any material placed before the Court as where the case is pending for trial and the charge sheet has also been laid alleging that the petitioner - accused No.2 having an illicit relationship with the accused No.1 and with the assistance of her, he has committed the murder of the deceased Mahammad Rafiq Ayatti. It is further submitted that the charge sheet has been laid by the Investigating Officer which consists of the statement of witnesses and so also mahazar conducted by the Investigating Officer in the presence of panch witnesses, but nowhere it reflect that there was an illicit relationship between this petitioner, being arraigned as accused No.2 with accused No.1. Moreover the case has been registered against the innocent person said to be culprits. But only based upon the suspicious circumstances and on the strength of the voluntary statement recorded by the Investigating Officer during the investigation, this petitioner has been lugged in the alleged crime, as contended in the petition.