ASHOK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.426 dated 26th of July, 2018 registered for the offences punishable under Ss. 307, 201, 120-B of the Indian Penal Code, 1860 and Sec. 25 of the Arms Act, 1959, (Ss. 201 and 120-B IPC added later on) at Police Station City Bahadurgarh, District Jhajjar, Haryana.

(2.) Custody Certificate of the petitioner has been filed on behalf of the respondent-State, today in Court . The same is taken on record.

(3.) Ld. Counsel for the petitioner submits that the petitioner was not named in FIR. During investigation, one Sagar Rana son of Sudhir and Mohit @ Monu @ Chand son of Satbir were arrested. On their disclosure, one Sanam Dagar was nominated and arrested on 11th of October, 2019. On the basis of disclosure suffered by the said Sanam Dagar, the petitioner was nominated and arrested on 6th of May, 2021. She submits that no overt act has been attributed to the petitioner except that he is stated to be the source of weapon which was used in crime. She submits that the petitioner is in custody since date of his arrest. Keeping in view the long incarceration suffered by the petitioner, he is entitled for bail. She submits that challan already stands presented and out of 29 cited witnesses, 8 material witnesses also stand examined and, thus, there can't be any apprehension w.r.t. tampering of evidence at the hands of petitioner. She further submits that complainant stands examined and he has not supported the prosecution version.