KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the second petition filed under Section 439 of the Code of Criminal Procedure by the petitioner, seeking regular bail in case FIR No.79 dated 07.05.2018, under Sections 120-B, 147, 149, 186, 302, 307, 332 and 353 of the IPC and Section 25 of the Arms Act, registered at Police Station Siwani, District Bhiwani.

(2.) The petitioner has remained in detention for almost two years and four months, since the month of May, 2018.

(3.) Ld. Counsel for the petitioner has drawn attention of the Court to the orders passed by this Court in CRM-M-12704-2020 and by a Co-ordinate Bench of this Court in CRM-M-46015-2018, being Annexuers P-2 and P-1, respectively, vide which co-accused Sunil @ Khairu and Sandeep @ Giglu were ordered to be released on bail, considering their long detention and also in view of the fact that neither of them was actually present in the occurrence in which shots were fired at Police personnel resulting in the death of EHC Bhagirath and injury upon another Police Officer ASI Gori Shankar. The petitioner herein stands on a similar footing inasmuch as he was also admittedly not present in the actual occurrence and the allegation against him is that he had supplied the weapon/pistol from which the co-accused Manjit and his associate Ajay allegedly fired at the Police Party.