VIKRAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the present petition, the petitioner seeks grant of regular bail in case bearing FIR No. 385 dated 06.11.2017 registered under Sections 148, 149, 302 and 120-B IPC and Section 25 of the Arms Act, 1959 (added later on with challan), at Police Station Pundri, District Kaithal.

(2.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the above noted FIR due to previous enmity. It is further submitted that the identity of the real culprits is still unknown. It is yet further submitted that the falsity contained in the version of the FIR is apparent from the very fact that the police, during investigation, has found as many as six persons, namely, Neeraj, Uday, Jaswinder Singh, Ankush, Ratna and Surinder, innocent and kept them in Column No.2 of the challan.

(3.) On the other hand, learned State counsel, while opposing the bail application, has vehemently contended that the petitioner has been specifically named in the FIR and the role attributed to him is also clearly mentioned therein. It is further submitted that reliance of the petitioner on the factum of the aforesaid six persons having been declared innocent by the police during investigation, is of no help to the petitioner, firstly for the reason that at no point of time, the police has ever declared the petitioner as innocent and secondly, the revision petition qua the order passed by the learned trial Court declining the summoning of the said persons under Section 319 Cr.P.C. is pending adjudication before this Court.