(1.) The present is a second petition filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing FIR No.32 dtd. 14/1/2023 under Ss. 147, 149, 307, 323, 341, 379-B and 506 IPC and Sec. 25 of Arms Act, 1959, registered at Police Station Camp Palwal, Tehsil and District Palwal.
(2.) Learned counsel for the petitioner submitted that petitioner is in custody for about 11 months and 16 days. He further submitted that the investigation of the case has already been completed and charges have been framed but no prosecution witness has been examined till date. He further submitted that it is a case where the allegations made by the complainant that when the nephew of the complainant namely Mohit was coming from the Court, was attacked by some persons but the petitioner was never named. He further submitted that during the course of investigation, one co-accused namely Saurabh @ Monu was arrested and thereafter further nomination was made and consequently the petitioner was also nominated thereafter. He further submitted that the petitioner has clean antecedents and is not involved in any other criminal case. He further submitted that as per the supplementary statement, the role attributed to the petitioner was that he was holding a DANDA and was inside the car and never attributed injuries to the injured. The learned counsel for the petitioner further asserted that in fact there was enmity between injured and the co-accused namely Saurabh @ Monu and even the aforesaid co-accused namely Saurabh @ Monu has already been extended the benefit of regular bail by the Sessions Court.
(3.) Learned counsel for the petitioner has further submitted that the present petitioner is exactly at parity with one other co-accused namely Ravi @ Dubi against whom similar allegations were made and he has already been extended benefit of regular bail by this Court vide Annexure P-8 passed in CRM-M-60077-2023 and so far as the present petitioner is concerned, he is on a better footing than the other co-accused namely Saurabh @ Monu and both the aforesaid co-accused have been granted benefit of regular bail. Learned counsel for the petitioner further submitted that a perusal of the FIR would show that some unknown persons had shot the injured who fell down, whereas as per the MLR report there was no injury pertaining to the fire arm and even the provisions of Sec. 25 of the Arms Act, were invoked by the police but none of the accused were charge-sheeted regarding the same and the entire prosecution story was doubtful and false one and therefore, the present petitioner may be considered for grant of regular bail in this petition.