(1.) Madan Singh, the petitioner seeks regular bail in a case registered by way of FIR No. 492 dated 14.10.2011 at Police Station Central, District Faridabad, for an offence punishable under sections 302 and 307 IPC read with section 34 IPC and section 25 of the Arms Act. Learned counsel for the petitioner submits that earlier the case was registered on the statement of Virender about the murder of his father by someone by firing gunshot. However, he did not suspect anyone in this regard. He further submits that later on the police found Virender Singh involved in this occurrence with Madan, the petitioner. He further submits that prior to the arrest of the petitioner, the pistol which was used in the crime, has already been recovered at the instance of Virender from near the house of his brother-in-law. He further submits that the mobile phone of the petitioner was also recovered by the police before his arrest from Kalu, a cousin brother of Madan Singh. According to him, the only evidence against the petitioner is the disclosure statement of Virender and disclosure statement of the petitioner himself. He further submits that the petitioner is in custody for the last more than one year.
(2.) Learned State counsel, on instructions from ASI Mohinder Singh, submits that the evidence against the petitioner consists of disclosure statement of Virender as well as the disclosure statement of the petitioner himself. He admits that the call details collected in this case do not connect Madan Singh with the offence. According to him, the calls details were there between Jam-shed, Niranjan and Virender. Keeping in view the facts that the only evidence against the petitioner is of disclosure statement of his co-accused and the petitioner himself and that the call details do not connect him with the crime, I find the petitioner to be entitled to regular bail during the trial. Therefore, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs. 30,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Faridabad.