BHOLA @ JASVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the above captioned petitions is for grant of regular bail to Bhola @ Jasvir, son of Mahender (petitioner in CRM-M-1326-2013) and Goldi @ Dharmender, son of Tejpal (petitioner in CRM-M-7318-2013), who have been booked for having committed the offences punishable under Sections 148 and 302 read with Section 149, IPC, as well as Section 25 of the Arms Act, in a case arising out of FIR No. 75, dated 31.5.2012, registered at Police Station, Sadar, Ballabhgarh, District Faridabad. Since both the petitions are arising out of one and the same case, therefore, these are being disposed of by this common order.

(2.) Learned senior counsel representing the petitioners submit that the alleged occurrence had taken place on 30.5.2012 at about 11.30 p.m. and thereafter the FIR was lodged on the next day at about 10.10 a.m.; there was no motive on the part of the petitioners to have caused injuries to Gaurav (since deceased); the veracity of the oral dying declaration has to be tested during course of trial; no recovery was effected from the petitioners, except a motorcycle, which was owned by Goldi @ Dharmender; as many as seven persons alleged to have caused injuries to Gaurav, but medical evidence reveals only two injuries on the person of Gaurav; the material prosecution witnesses have already been examined, therefore, there is no apprehension of winning over the witnesses; the Forensic Science Laboratory report does not corroborate the oral version; and that the petitioners are behind the bars from 9.6.2012, therefore, their further incarceration is not worth.

(3.) Learned counsel for the State vehemently opposed the prayer of the learned counsel for the petitioners and prayed for dismissal of the petitions. He further submits that there was oral dying declaration suffered by Gaurav (since deceased) before his uncle, Billu, on the spot, wherein he specifically named the petitioners as assailants. He further submits that Mani Ram, PW, had witnessed the deceased in the company of the petitioners and their co-accused, three hours prior to the alleged incident.