KULDEEP AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kuldeep and Ravinder alias Nanha, the petitioners have sought regular bail in a case registered by way of FIR No. 185 dated 26.10.2011 at Police Station Sadar Gohana, District Sonepat, for an offence punishable under sections 148, 307, 364 and 120B read with section 149 IPC and section 25 of the Arms Act. Learned counsel for the petitioner submits that as per the FIR, on 25.10.2011, four persons namely Dalbir, Titu, Pawan and Kala came on two motorcycles and they took away Ram Kishan, father of the complainant to some distance and thereafter, another vehicle came there from the opposite side, in which the two petitioners alongwith others named Bhola and Sukhbir came there, out of whom, Bhola and Sukhbir fired one shot each at Ram Kishan. He has further submitted that Mukesh, brother of the petitioner Kuldeep had been murdered in the past and in that case, Ranjit, brother of the complainant was an accused. He has further submitted that both the petitioners were witnesses of the prosecution in that case. He has further submitted that as there was danger to their life, on their request, police protection had been provided to them. He has further submitted that the investigation has not been properly conducted in this case because those police officials, who were protecting the petitioners have not been examined in this case about the occurrence. He has further submitted that no overtact has been attributed to the petitioners in the occurrence of firing of gun shots. He has further submitted that the petitioners have been named on account of previous enmity and they are in custody since 04.11.2011.

(2.) Learned State counsel, on the other hand, has submitted that the petitioners are involved in this case on the allegations of conspiracy. The evidence of that conspiracy is said to come in the disclosure statements of accused themselves. Keeping in view the fact that there is no overt act attributed to the petitioner in the occurrence and that the investigating agency has not examined the police officials, who were deployed to protect the petitioners and the only offence against the petitioners is of conspiracy the evidence regarding which comes in the disclosure statements of the accused themselves, they are entitled to regular bail. Accordingly, the petition is allowed. The petitioners are ordered to be released on bail on their furnishing a personal bond each in a sum of Rs. 30,000/- with one surety each in the like amount to the satisfaction of learned Chief Judicial Magistrate, Sonepat.