(1.) Subhash, the petitioner seeks pre-arrest bail in a complaint case titled as Satyawan Vs. Subhash, bearing No. 375 of 2007 dated 5.11.2007/21.5.2010 (Annexure P4) pending in the court of Sub Divisional Judicial Magistrate, Siwani camp at Bhiwani for an offence punsihable under sections 302, 506 IPC.
(2.) Learned counsel for the petitioner has submitted that the petitioner is a co-villager of the deceased. He and the deceased were also married in the same village and had thus, closer affinity than that of co-villagers. According to him, on 4.5.2007, at about 7.00 PM, the petitioner and the deceased, Rajesh were travelling in a jeep which was driven by Rajesh and the said jeep was hit by an LP truck which came from the opposite side. According to him, the LP truck was driven in rash and negligent manner and the jeep overturned and Rajesh came under the jeep and suffered injuries. According to him, the petitioner then lodged FIR No. 165 dated 5.5.2007 at Police Station Sadar Bhiwani, District Bhiwani for an offence punishable under sections 279 and 304-A IPC. In the said case, the police filed an untraced report. Now, father of the deceased had brought a complaint against the petitioner for an offence punishable under sections 302 and 506 IPC in which the petitioner has been summoned. He has further submitted that the case against the petitioner is brought by way of a complaint and he should be granted bail because there is no stage of custodial interrogation in the case.
(3.) I have gone through the summoning order and find a number of circumstances unerringly pointing to the accused as the person having murdered the deceased. The first such circumstance is that there was no injury on the person of the petitioner, though he was travelling in the same jeep which was hit by an LP truck which over turned to bring only Rajesh under it. Mobile phone of the deceased was found with the petitioner. There was no damage to the jeep which was full body jeep and was lying turned turtle. There is allegation that the petitioner has also made 'extra judicial confession' regarding his murdering Rajesh.