RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is second foray of petitioner before this Court seeking regular bail in FIR No. 727 dtd. 4/11/2017, registered under Ss. 302, 365, 201 IPC, at Police Station Civil Lines, Gurugram.

(2.) Per prosecution, on 2/11/2017, brother of the complainant- Kuldeep Singh, namely Prem (since deceased), a driver by profession, had left home for driving to Gurugram-Sohna Chowk. However, he did not return until 4/11/2017. On enquiry, it transpired that deceased was last seen sitting at a tea stall at Sohana Chowk, Gurugram on 2/11/2017 at around 6.30 p.m. The tea vendor disclosed that at around 6.40 p.m. on that day three boys came in a car of Ecco make, which was without number plate. They forcibly took the deceased in their said car and went away. The complainant thus suspected the involvement of Karan Singh @ Habbu, Amit @ Dhollu and Rajesh @ Dalo (petitioner herein) in the abduction of his brother. The accused were arrested. In course of investigation, the offence under Sec. 302 IPC was added since it came to knowledge that Prem was in fact dead. On the basis of disclosure statement, recovery of bones and ashes of the deceased was effected.

(3.) Learned counsel for the petitioner contends that petitioner has been falsely implicated in the case as there is no direct evidence against him. Neither there is any eye witness to the occurrence, nor test identification parade was conducted to prove the identity of the accused. It has not been proved from the ashes and bones (burnt), allegedly recovered on the joint disclosure statement of the accused that the same was, in any manner, connected with deceased Prem. He also seeks parity with the co-accused, namely, Amit @ Dhollu, who has been granted the concession of regular bail by this Court vide order dtd. 14/9/2021 passed in CRM-M-28887 of 2021 and submits that case of the petitioner is on better footing.