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The learned APP opposed the application by contending that the present applicant had relations with the first informant and as the relationship turn sour, she hired two contract killers through co-accused, Mihir Singh and had attempted to commit murder of the first informant. The learned APP has placed reliance on the supplementary statement of Vikram Singh as well as the documentary evidence in the form of the CDR and transfer of money by the first informant in the account of co-accused, Dr. Rajeev, who happens to be the husband of the present applicant.

It is case of the prosecution that by indulging in criminal conspiracy, the offence was committed by hiring contract killer through co-accused, Mihir Singh. Record of investigation shows that there was thick relationship between the present applicant and the injured Vikram Singh. From 01.09.2020 to 01.05.2021, the applicant had called injured Vikram Singh on 1790 occasions and had talked with him for 520305 seconds. Similarly, from 05.03.2021 to 04.05.2021, she called the present applicant on 85 occasions and had talked with her for 27042 seconds. All these talks were mostly in night hours. This prima facie constitutes evidence regarding intimate relationship between the applicant and the injured first informant.

According to the prosecution case, the applicant had hired contract killers through co-accused, Mihir Singh. It is seen from 01.05.2021 to September, 2021, the applicant had contacted co-accused, Mihir Singh telephonically on 227 times and had talks with him for 141927 seconds. From 16.05.2021 to 02.05.2021, she had talked with Mihir Singh on 10 occasions Patna High Court CR. MISC. No.71290 of 2021(8) dt.13-04-2022 telephonically for 8340 seconds. It is seen that soon before the incident of murderous assault on the first informant, co-accused Mihir Sinjgh had made two telephonic calls to the contract killer and had talked with him for 44 seconds.

The record of investigation further shows that moneys were transferred to the bank account of co-accused, Rajeev Kumar, who happens to be the husband of the present applicant on behalf of the first informant towards return of monetary favour made by the applicant.

It is not possible to collect tangible evidence in respect of offence relating to criminal conspiracy as meeting of mind for doing a criminal act cannot be a material thing which can be pursued by physical senses. However, the circumstantial evidences collected by the prosecution prima facie shows that the applicant who happens to be the main accused had attempted to eliminate the first informant by hiring the contract killers and by getting the first informant fired by means of the fire arm through the contract killer.