RAKHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.53 dated 17.02.2020, for offence punishable under Sections 346, 302, 120-B, 34 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Mundkati, District Palwal.

(2.) Counsel for the petitioner has submitted that the FIR was registered on the statement of Rajesh Sharma, with the allegations that on 13.02.2020, his younger brother Ravi went away from home and they were searching for him but could not find him. The FIR also gave the description and clothes worn by Ravi. Later on, on 20.02.2020, the police party found the dead body of the deceased in a forest area of village Sondh. Thereafter, the police initiated proceedings under Section 174 Cr.P.C. and recorded the statement of 02 persons namely Vishnu Kumar and Ashok Kumar under Section 175 Cr.P.C. wherein Vishnu Kumar stated that his brother/deceased was a drug addict and due to intoxication, he may have died after falling into the well. Similar was the statement made by Ashok Kumar, another brother of the deceased - Ravi.

(3.) Counsel for the petitioner has further submitted that on 11.03.2020, the police recorded the supplementary statement of Rajesh Kumar under Section 161 Cr.P.C. in which for the first time, it is stated that he suspect that the co-accused Hem Dutt @ Lala and the petitioner - Rakhi may have kill Ravi and thrown his body into well. The ground for suspicion was stated to be a fight between the deceased and both the accused and for that reason, they might have killed him.