BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of bail to petitioner-Bijender @ Sonu, who has been indicted for having committed the offence punishable under Section 302 read with Section 34, IPC and Section 25 of the Arms Act, in a case arising out of FIR No. 320, dated 22.10.2012, registered at Police Station, Beri, District Jhajjar. Learned counsel contends that except the disclosure statement of his co-accused, no other material is available on the record connecting the petitioner with the alleged offence. He also contends that the petitioner is behind the bars from 06.12.2012. After investigation the charge sheet (report) under Section 173 Cr.P.C. has already been submitted before the learned Court below. He is neither involved nor required in any other case.

(2.) Learned counsel for the State on instructions from Head Constable Sumit Kumar of Police Station, Beri, District Jhajjar, very fairly concedes that except the disclosure statement of the petitioner himself and that of his co-accused, Satpal, there is no other material emerging on the file to connect the petitioner with the offences in which he has been involved. However, he has opposed the grant of bail to the petitioner.

(3.) The whole case of the prosecution is based upon the circumstantial evidence. The co-accused of the petitioner, namely, Satpal was arrested on 24.10.2012 and during his interrogation, the name of the petitioner emerged on the police file. The petitioner was arrested on 06.12.2012 and during investigation, he confessed his involvement in the said crime, but except the two disclosure statements in the shape of confession, no other material is available on record to connect the petitioner with the offence of murder. The admissibility of the disclosure statements would be a moot point during the course of trial. Keeping in view the facts and circumstances of the case, the period of incarceration suffered by the petitioner, and the fact that the trial is proceeding at snail's pace, the present petition is allowed. Petitioner-Bijender alias Sonu S/o. Dilbag, resident of Village Lakria, Tehsil Beri, District Jhajjar, is ordered to be released on bail during the pendency of the trial of the present case subject to his furnishing bail bonds in the sum of ' 1 lac with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jhajjar.