MOHIT KUMAR ALIAS BILLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 375 dated 27.10.1998 has been registered at Police Station City Jagadhari, under Sections 302/34 I.P.C. registered on the statement of Narender Kaur. The petitioner's application for bail was dismissed by the learned Additional Sessions Judge, Jagadhari. Hence this petition under Section 439 Cr.P.C. for bail.

(2.) I have heard the counsel for both the sides and have perused the records of file.

(3.) LEARNED counsel for the petitioner contends that it is wholly unbelievable that a child of 4-1/2 years of age could have told that complainant that the petitioner and the co-accused had administered some poisonous substance in the mouth of Kiran and this shows that the petitioner has been falsely implicated. Learned counsel for the petitioner also contends that the Doctor who had conducted the post mortem examination of Kiran had not given the cause of death also. He further points out that the two co-accused Shanti and Rupa have been granted bail by this Court in Crl. Misc. No. 12794-M of 1999. But the learned counsel for the State on the other hand contended that organo phosphorus, a poisonous material, was found to have been consumed and, therefore, the petitioner is not entitled to be released on bail.