ISLAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed for grant of regular bail by accused -petitioner Islam in case FIR No.127 dated 9.3.2012 under Section 302, 201 read with Section 34 of the Indian Penal Code, 1860 (hereinafter called IPC), Police Station Nuh, Distt. Mewat.

(2.) AS per the prosecution allegations, on 08.03.2012, Talim the son of complainant Liaqat had gone missing at about 11:00 A.M. The matter was reported to the police. The dead body of Talim was recovered from the wheat field of Zahir son of Rafiq and on whose neck all around, there was blue sign and under the chest there were marks of abrasion. The blood had oozed out from his ear and mouth. His shirt was also missing. The complainant expressed doubt that co -accused/non -applicant Ashroo, Roojdar, Sakil and Rahul had murdered his son due to party fraction in the village. During the investigation, the present petitioner and his co -accused were arrested on 31.12.2013. Since then he is in custody. His application for grant of regular bail has been dismissed by the learned Additional Sessions Judge Mewat at Nuh. Hence this petition.

(3.) LEARNED counsel for the petitioner contended that the name of the petitioner was not mentioned in the FIR. He contended that the petitioner has been falsely implicated in this case. The case was thoroughly investigated by the Special Investigating Team constituted by the Superintendent of Police, Mewat. The petitioner was found innocent and cancellation report was filed. The SIT has also got conducted the polygraph test by Forensic Science Laboratory, Madhuban, in which the petitioner was found innocent but the complainant filed a petition before this Court in which the directions were given to the respondent -State for conducting the inquiry afresh. The Superintendent of Police, State Crime Branch in collusion with the complainant and due to political pressure has falsely implicated the petitioner.