SUCHA SINGH 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.91 dtd. 27/3/2022 registered under Sec. 25 of the Arms Act and Ss. 307, 34, 427 and 506 of IPC, at Police Station Sadar Ratia, District Fatehabad.

(2.) Brief facts of the present case are that as per the prosecution, the petitioner along with other co-accused chased the complainant-injured and fired shots towards him with an intention to kill him.

(3.) Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He argued that the petitioner was not armed with any weapon. He further argued that if the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioner and he is only alleged to have been riding the motor-cycle at the relevant time. He further argued that it was the co-accused Sonu Sandha, who fired the gunshot as there was a previous enmity between him and the complainant. He has further submitted that recovery of motor-cycle used in the alleged occurrence has already been effected from the petitioner and nothing more is to be recovered from him. The petitioner is in custody since 12/1/2023. Further, co-accused Jagjeet Singh @ Jitu, who was on similar footing with the present petitioner, has already been granted the concession of regular bail by a Co-ordinate Bench of this Court, vide order dtd. 22/1/2025. The investigation in the case is complete, challan stands presented and charges have also been framed. He further submits that the material witness i.e. complainant has already been examined and there is no chance of petitioner to intimidate the witnesses. He further submits that 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.