MANISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 439 Cr.P.C., for grant of regular bail to the petitioner in case FIR No.111, dtd. 25/6/2019 under Ss. 323, 324, 506 and 34 of the IPC (Ss. 307 and 302 IPC added later on) registered at Police Station Rajaund, District Kaithal.

(2.) Learned counsel submits that it is a case of ocular testimony and thus the delay of one day in lodging of the FIR goes a long way to show that a fabricated story has been put forth by the complainant in the case in hand. Learned counsel while inviting the attention of this Court to the allegations levelled in the FIR in question has submitted that the petitioner has been attributed a kassi blow on the left arm of the deceased which even as per the post-mortem report was not the cause of death. It has been submitted that the fatal injury has been attributed to the co-accused Sunny.

(3.) Learned counsel still further contends that the petitioner has been in custody since 28/8/2019 and two material witnesses i.e., complainant and another eye-witness already stand examined. It has been submitted that since 18 more prosecution witnesses have to be examined, there is no likelihood of the trial concluding any time in the near future.