ANKUSH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Ankush Sharma son of Ram Pal Sharma, has directed the instant petition for the grant of regular bail in a case registered against him along with his other co-accused, namely, Nishan Singh, Vikas, Sonu, Rantej Singh and Vikram @ Bunty etc., by virtue of FIR No.258 dated 01.09.2009, for the commission of offences punishable under Sections 302, 34, 120-B IPC and Section 25 of the Arms Act, by the police of Police Station Ambala Cantt., invoking the provisions of Section 439 Cr.P.C.

(2.) THE prosecution claimed that on 01.09.2009 at about 8 PM, Ritu had come to meet her mother complainant-Parkasho Devi(PW3). After taking tea, she along with Ramesh had left her house at about 9 PM on motorcycle. As soon as, they had just covered a distance of about 50 yards from there, in the meantime, petitioner-Ankush Sharma and his other co-accused, namely, Nishan Singh, Vikas, Sonu, Rantej Singh and Vikram @ Bunty, came from the side of Housing Board Colony on black motorcycles and encircled Ritu and Ramesh. Apprehending danger to their lives, they started running after leaving the motorcycle, then all the accused repeatedly fired gun shots on Ritu and Ramesh, causing their death. Thereafter, committing the double murder, all the accused decamped from the place of occurrence with their respective weapons. The occurrence was witnessed by PWs, including the complainant- Parkasho Devi(PW3).

(3.) DURING the course of investigation, petitioner Ankush Sharma and Rantej Singh managed to be exonerated. However, after completion of the investigation, the police submitted the final police report(challan) against the remaining accused. After completing all the codal formalities, they were accordingly charge-sheeted to face trial for the commission of the pointed offences and the case was slated for evidence of the prosecution by the trial Court.