RAJENDER 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.89 dtd. 9/3/2023 registered under Ss. 148, 149, 323, 325, 307, 302, 341 and 506 of the IPC, at Police Station Ellenabad, District Sirsa.

(2.) Brief facts of the present case are that the petitioner along with other accused murdered one Gurmeet Singh (son of the complainant) and also gave injuries to his friends, namely, Rohtash and Charanjeet Kumar. Hence, the present FIR.

(3.) Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither named in the FIR nor has any concern with the death of Gumeet Singh. He argued that as per the prosecution, the petitioner was shown to be armed with a baseball stick and as per allegation, he allegedly gave a blow on the head of injured-Charanjeet which is declared simple in nature and not even a single blow has been attributed to him on the person of the deceased-Gurmeet Singh. He further argued that if the contents of the FIR are taken to be true, even then no specific role is attributed to the present petitioner and the entire story is based on suspicion and hearsay. Further, co-accused Himanshu Sharma, Sagar @ Kaku, Nirmal Sharma and Sachin have already been granted the conession of regular by a Co-ordinate Bench of this Court, vide order dtd. 5/11/2024. He further submits that the petitioner is at partiy with said co-accused Sachin. The petitioner is in custody since 25/12/2024. The investigation in the case is complete, challan stands presented and charges have also been framed. He further submits that there are total 29 prosecution witnesses and out of them, only 02 have been examined in-chief 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.