Appreciation of evidence at bail stage

Contentions regarding mistaken identity and inconsistency between the ocular account and site plan could safely be appreciated by the Trial Court

Deep appreciation of evidence was totally unwarranted at bail stage.

Allegation against accused persons was that they launched an attack on the complainant party killing 2 persons, while complainant and prosecution witnesses escaped the attack

Contention of accused persons that neither the complainant nor prosecution witnesses received even a single scratch despite being in firing range, therefore their presence at the scene of occurrence was highly doubtful

Validity

Such contention could not be gone into, as at bail stage, deep appreciation of evidence was totally unwarranted

F.I.R. was lodged about an hour after the occurrence

Although occurrence took place at night, but complainant statedly identified the accused persons in the light of moon

Considering material brought on record by the prosecution, including F.I.R., statements of eye-witnesses coupled with incriminating/circumstantial evidence, bail petition of accused persons was dismissed.