NARENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the instant petition filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner in case FIR No.116 dtd. 8/10/2024 registered under Ss. 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Nizampur, District Mohindergarh.

(2.) Brief facts of the present case are that the petitioner in connivance with other co-accused murdered one Mukesh (husband of the complainant), due to some altercation between them.

(3.) Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He argues that the complainant and her brother-Santosh Kumar were not present in the village when the incident took place and are not the eye-witnesses, hence, their version is not reliable. He further argues that complainant and other material witness have not supported the case of the prosecution and have been declared hostile. To lend force to his contention, he has drawn the attention of this Court to the statement of the complainant-Saroj Devi Lal (Annexure P-2) and statement of Santosh Kumar (brother of the complainant) (Annexure P-3), made before the trial Court wherein none of them have supported the case of the prosecution. He further submits that there is no mensrea established as the deceased was brother of the petitioner and there was no dispute between them. Moreover, the petitioner has clean antecedents as he is not involved in any other case. The petitioner is in custody since 11/10/2024 and nothing is to be recovered from him. The investigation in the case is complete, challan stands presented and charges have also been framed. He further submits that there are total 22 prosecution witnesses and out of them, only 10 have been examined till date and as such, the trial will take a long time to conclude and no useful purpose would be served by keeping him behind bars. Therefore, it is urged that the petition deserves to be allowed.