SAMIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.615 dated 18.06.2017 registered under Sections 302, 307, 304-B, 120-B IPC at Police Station Sadar, Karnal.

(2.) It is the contention of learned counsel for the petitioner that the petitioner is the brother-in-law of deceased-Amir Bano. Her contention is that even going by the allegation in the FIR that the petitioner along with the husband of deceased as also the elder brother of the husband of the deceased had asked the deceased as well as her both children to get ready for coming to Karnal. Allegation is also that he had made fun of the deceased. Her contention is that the petitioner had never accompanied her brother Faijan, who was the husband of deceased and father of the two minor children, who had been thrown into the canal along with the car, which drowned. Allegation against the petitioner is that he was involved in the conspiracy of killing these three persons i.e. her sister-in-law and the two minor children of his elder brother-Faijan. Petitioner was arrested on 18.01.2018 and is in custody for more than 2 years and 8 months. Because of the prevailing situation, further trial is stalled, with all the prosecution witnesses examined, the continuation of the petitioner in incarceration would not serve any useful purpose, especially when the allegation against the petitioner is only with regard to the conspiracy. Prayer has thus been made for granting the petitioner the concession of bail.

(3.) On the other hand, learned counsel for the State, has submitted that there was an active role of the petitioner in the hatching of the conspiracy. Reference has also been made to an order passed by a coordinate Bench of this Court in CRM-M No.23097 of 2019 on 02.03.2020, where the application of the co-accused namely Mustafa, who had similar role as the petitioner, stands dismissed. Assertion has also been made that it is upon the accused to lead their evidence as the prosecution has closed its evidence. She, therefore, prays that the present petition deserves to be dismissed.