LALU SHAH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for grant of the regular bail by petitioner Lalu Shah in case FIR No. 423 dated 02.11.2013, for offence under Sections 302/ 201 of Indian Penal Code, registered at Police Station Sampla, District Rohtak.

(2.) As per the prosecution allegations, on 31.10.2013, complainant Ramesh @ Lila found a dead body of some unknown person lying in his field in decomposed condition. He gave information to Bhoop Singh, Sarpanch. The matter was further reported to the police. On the statement of Ramesh @ Lila, the present case was registered. During investigation, the dead body was identified to be of Montu Mehta. Petitioner Lalu Shah and his co-accused Surat Mehta were arrested on 10.11.2013. They suffered the disclosure statements. In pursuance of disclosure statement of the present petitioner, the blood stained iron rod was recovered. He also pointed out the place of occurrence. On completion of formalities of investigation, the report under Section 173 Cr.P.C was presented against him. He is in custody since the date of his arrest. Hence this petition.

(3.) Mr. Rakesh Nehra, Advocate learned counsel for the petitioner contended that the present petitioner has been arrested only on the basis of the disclosure statement of co-accused Surat Mehta. The witness of last seen PW-1 Umesh has not supported the prosecution version. The iron rod allegedly recovered from the possession of the petitioner is not connected with the commission of offence, as no blood was found on it. He further contended that petitioner was in custody since 10.11.2013 and conclusion of the trial will take time. So, the petitioner deserves the concession of bail.