Court grants bail to 2018 murder accused, says protracted trial expected

New Delhi, Aug 29 (PTI) A court here has granted bail to an accused in a 2018 murder case, saying nothing prevented it from taking a broad overview of the material against him to decide the bail plea.

The court observed that Narender Mann had been already incarcerated for six years and a protracted trial was expected as 37 witnesses were yet to be examined.

Additional Sessions Judge Babru Bhan was hearing the bail plea of Mann, who was accused of killing a man in Ashok Vihar here in 2018.

The deceased was named in several cases of homicide and extortion, and police suspected that the incident was a fallout of a property feud and inter-gang rivalry.

In an order passed on August 24, the court said, “Although, hearing on bail application is not a stage to evaluate the evidence and to weigh the strength of allegations against the accused because that exercise has to be carried out at the final stage.

“However, nothing prevents a court from taking a broad overview of the material brought or proposed to be brought against an accused for the purpose of deciding the bail application.”

It said the only allegation against Mann was that he was seen with the other co-accused by a prosecution witness but the second witness had denied seeing Mann at the spot.

“The remaining witnesses are not related to the applicant and there is no reason to keep the applicant under custody awaiting their examination,” said the court.

It said that the only two witnesses had been examined in the 2019 charge sheet, which cited 39 witnesses.

“Therefore, a good number of witnesses are yet to be examined, which will inevitably involve a prolonged process of trial. Moreover, the applicant has already been in custody for about 6 years,” said the court.

Allowing the plea, it directed Mann to furnish a personal bond and surety bond of Rs 25,000 each.

The other conditions for bail included Mann not tampering with evidence, not contacting or influencing the witnesses and attending the trial regularly, said the court.