AZAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Azad son of Maman alias Baba, has preferred the instant petition for the grant of regular bail, in a case registered against him along with his other main co -accused, namely, Jaibir son of Suresh and Kuldeep @ Mirchi son of Manphool, vide FIR No. 117 dated 17.03.2012, on accusation of having committed the offences punishable under Sections 377 and 302 read with Section 34 IPC and Section 3(1)(x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, by the police of Police Station Urban Estate Rohtak.

(2.) NOTICE of the petition was issued to the State.

(3.) TERSELY , the prosecution claimed that, on 15.03.2012, main accused Jaibir and Kuldeep committed an unnatural offence and murdered Amit Kumar son of complainant Krishan Kumar. The present case was registered against the accused on the statement of complainant Krishan Kumar. It is not a matter of dispute that, he while appearing as PW 5 in the Court did not support the prosecution case and has resiled from his previous statement even against the main accused Jaibir and Kuldeep. Not only that, neither the name nor any role or particular injury is attributed to the petitioner in the FIR. He was subsequently involved in this case on the disclosure statement of his co -accused Kuldeep Singh. Indisputedly, there is no direct evidence on record against the accused. The case of the prosecution revolves around the circumstantial evidence. What is the evidentiary value and admissibility of such disclosure statement of co -accused, statement of hostile witness and such circumstantial evidence, against the petitioner, inter alia, would be the moot points to be decided during the course of trial by the trial Court.