MEHTAB SINGH Vs. STATE

JUDGEMENT

(1.) This is an application under Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.PC') seeking regular bail in the FIR No. 237 of 2005 registered at Police Station Inder Puri under Sections 302 read with 34 of the Indian Penal Code ('IPC'). The Petitioner has been in custody since 2nd Sept., 2005. The allegation against the Petitioner is that he along with co-accused Jitender Singh, Mandeep Singh, Ansar Ahmed and Sajjid inflicted injuries on the deceased.

(2.) PW5, Mr. Sunder Lal, who was running a tea shop in the vicinity of the place of occurrence, has not supported the case of the prosecution.

(3.) As far as the Petitioner is concerned, reliance is also placed on the fact that the ID card of the deceased was got recovered, on the disclosure made by the Petitioner, from the double bed on the ground floor of H.N. E-488, J.J. Colony, Inder Puri. The witnesses to the recovery are PW24 and PW25, both of whom are constables. There are no independent witnesses to the recovery.