KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prayer in this petition is to release the Petitioner on regular bail in FIR No. 10 dated 5.1.2004 under Sections 302/201/34 IPC and 25/54/59 of the Arms Act, PS City Gurgaon.

(2.) AS per the allegations contained in the FIR one Pawan and his companion Anju Chaudhary were found murdered, having been killed by gun shot injuries. As per the statement made by Dharminder son of Sohan Lal brother of the deceased Pawan, his brother was indulging in criminal activities for the last so many years and was also arrested in theft and robbery cases. The said complainant further stated that deceased Pawan had no enmity with anyone in the village though due to this criminal background "he had tension with Naresh Yadav resident of Sirhol and many a times they had a fight with each other." The above named complainant i.e. brother of the deceased suspected that his brother and Anju Chaudhary were murdered in the night time by Naresh Yadav. It appears that during the course of investigation the police recorded statement of Mukesh, Vijender and one Kamal on the basis of which one Mahesh and the Petitioner were arrested on 9.2.2004.

(3.) LEARNED State counsel has opposed the prayer made in this petition. However, he has admitted the fact that the star witness, namely, Mukesh and Vijender have not supported the prosecution case.