SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.62 dtd. 30/4/2018 at Police Station Titram, Kaithal under Ss. 302/201 IPC (Sec. 34 IPC added later on).

(2.) The FIR was lodged at the instance of Sukhbir, wherein it is alleged that his younger brother Kapil Dev usually goes for farming and sleeps in the room constructed at their fields and would return in the morning for milking the buffaloes. However, on 30/4/2018 he did not return back and on account of which the complainant's son Vinod Kumar was sent to the fields to look for Kapil Dev. Vinod Kumar returned back after a short while and informed that Kapil Dev is hanging from a Guava Tree with the help of a cloth. Upon receipt of said information, the complainant and his father rushed to the fields, where they saw that Kapil Dev was hanging from a tree. The complainant alleged that some unknown persons had killed Kapil Dev and had thereafter hanged him from a tree.

(3.) Learned counsel for the petitioner has submitted that the petitioner is nowhere named in the FIR and has falsely been implicated in the present case and that too after 3 years of lodging of the FIR on the basis of statements of some co-villagers recorded on 8/5/2021, who claim that they had seen the petitioner going towards the fields of deceased on the night of occurrence.