ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the third petition under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.892 dtd. 28/12/2018 under Ss. 323, 34, 506 of the Indian Penal Code, 1860 (challan under Sec. 302 IPC) registered at Police Station Sampla, District Rohtak. The first petition for grant of regular bail being CRM-M-13498-2020 was dismissed as withdrawn on 9/7/2020 while the second petition for grant of regular bail being CRM-M-33306-2020 was dismissed as withdrawn on 10/3/2021.

(2.) Learned counsel for the petitioner would contend that the petitioner has falsely been implicated in the present case and has been in custody since 2/1/2019. Learned counsel for the petitioner would further contend that the FIR in the present case was lodged after 18 hours of the occurrence by the brother of the deceased, namely, Vikrant. He would further contend that the complainant-Vikrant has been examined as PW-1 and that his cross-examination clearly shows that Lalit and another friend YOGESH SHARMA 2021.10.25 15:26 I attest to the accuracy and integrity of this document Satyawan along with elder brother of the deceased, namely, Ashish were present when the complainant-Vikrant got the FIR recorded. It is further stated in the cross-examination that the witness-Lalit was aware about the face of the accused and therefore it does not sound to reason as to why the complainant remained silent about the description of the accused at the time of registration of the FIR.

(3.) Learned counsel for the State has referred to the status report filed by way of affidavit of Sh. Gorakhpal, HPS, Deputy Superintendent of Police, Rohtak wherein it has been stated that initially the case was registered vide FIR No.892 dtd. 28/12/2018 under Ss. 323, 34, 506 IPC registered at Police Station Sampla, District Rohtak and the Investigating Officer sought the opinion from the Doctor and the Doctor opined that the injuries on the person of the deceased (Sachin) were dangerous to life upon which Sec. 307 IPC was added in the case. During the course of the investigation, on 2/1/2019 the petitioner was arrested who made his disclosure statement and got recovered the bitta/wooden stick used in the commission of crime. On 5/1/2019 Sachin died at PGIMS Rohtak and Sec. 302 IPC was added in this case and Sec. 307 IPC was removed. After investigation the police filed the challan under Ss. 302, 323 and 506 IPC. Learned counsel for the State has further referred to the status report to contend that till now total 22 prosecution witnesses have been examined before the Trial Court and only 5 witnesses remain and sincere efforts would be made to complete the prosecution evidence.