GAGAN MAHANT Vs. STATE

JUDGEMENT

(1.) This is an application by the petitioner for release on bail.

(2.) It has been urged for and on behalf of the petitioner that there is absolutely no evidence in the instant case to connect the petitioner with the murder of the deceased Prem Gopal Nair. The petitioner has been in custody for the last three years and ten months. The petitioner is a youngman. He was 18 years of age at the time of his arrest in the instant case. The name of the petitioner does not find a mention in the F.I.R. There is no ocular witness. It has thus been prayed that the petitioner be released on bail.

(3.) Learned P.P, Mr. G.S. Sharma, has contended that the petitioner alongwith his associates was seen by PW1 Smt. Prabha Nair while he was coming downstairs. The description of the petitioner very much finds a mention in the statment of Smt. Prabha Nair recorded under Section 161 Cr.P.C. PWI has also identified the petitioner during the course of her statement before the learned Additional Sessions Judge. The petitioner refused to join the test identification parade. Three watches were recovered from the petitioner. One of them belonged to the deceased, the other one to her sister Ms.Pratibha. The learned P.P. has thus argued that the present case is not a fit case for bail.