SUNNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.58/2012, dated 22.04.2012, under Sections 302/34 IPC, registered at police station Sadhaura, District Yamuna Nagar.

(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Yamuna Nagar dismissing bail application filed on behalf of the petitioner.

(3.) THE factual position has not been disputed by learned counsel for the State. However, bail application has been opposed on the plea that petitioner alongwith co -accused actively participated in the occurrence and that he also gave fist and leg blows while deceased was lying down. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Taking into consideration all the facts and circumstances of the case, age of petitioner -accused, role attributed to him and the period of incarceration, I am of the view that present petitioner -accused deserves concession of bail.