KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) INSTANT petition preferred by Kuldeep son of Moti Ram, under Section 439 Cr.P.C. seeking bail in case FIR No.435 dated August 12, 2014 under Sections 302, 201, 34 IPC, registered at Police Station, Sadar, Palwal.

(2.) THIS case stands registered on the basis of complaint lodged by Hari Chand (complainant) unfolding that on August 11, 2014 at about 9:00 PM, his brother Mukh Ram @ Mukha, aged about 45 years, went to his tubewell for watering his fields. On the next morning at about 7:00 AM, he himself went to tubewell for serving tea to his brother where he found that his brother Mukh Ram has been murdered. He spotted injuries on his neck and left ear with sharp edged weapon. He further alleged that Hira Bhati, his relatives and some villagers are involved in commission of murder of his brother as earlier Hira Bhati and his brother also committed murder of his cousin Mahi Pal and said case was being pursued by Mukh Ram.

(3.) CONTENTION of learned counsel for petitioner is that neither petitioner has been named in FIR nor there is any reliable evidence to connect him with commission of murder of Mukh Ram. Infact, he has been falsely implicated by complainant in connivance with police being brother of Deepak Kumar who was arrested by police. After about a week of registration of case, Sunil son of Changa and Hari Chand @ Lala got recorded their supplementary statements whereby Deepak as well as Kuldeep (petitioner) were implicated. Otherwise, they have no role to play. There is no evidence except disclosure statement (undated) of co -accused Deepak whereby he has simply recorded that Kuldeep extended cooperation to him while concealing axe and ashes of his clothes, and further specifically stated that no other person except him is involved in commission of murder of Mukh Ram. Simply on the basis of disclosure statement of co -accused, petitioner was arrested on August 25, 2014. Since then, he is suffering incarceration. Though, challan has been presented, yet disposal thereof is likely to take sufficient long time. Petitioner is ready to comply with all the terms and conditions imposed by this Court in case he is granted the concession of bail.