GAURAV KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in this petition is to release the petitioner on regular bail in FIR No. 307 dated 14.10.2005, under Sections 302/34/120-B IPC and Section 25 of the Arms Act, registered at Police Station, Ambala Cantt.

(2.) The above stated FIR has been registered on the statement of Amarpal Singh @ Ashu, who has alleged that he along with his friend Deva, who was riding the pillion of his motor cycle, were coming home via cross-road No. 12 and when they reached in front of Juneja Hospital, two young boys wearing helmets and riding a motor cycle came from behind and one of them fired at Deva who was riding pillion on the motor cycle, as a result of which Deva fell down and the complainant also lost balance while driving the motor cycle. Taking advantage, both the young boys fled on their motor cycle. Deva died as a result of the gun shot injury, referred to above. Though, no one was named in the FIR, however, it appears that during the course of investigation, the petitioner was implicated and was arrested on 22.6.2006. The petitioner is alleged to have made a confessional statement also to the effect that he was an informer of his co-accused -Gogi, who allegedly murdered the deceased.

(3.) There is, however, no denial to the fact that the prosecution has examined ten witnesses including the complainant and none of them has supported the prosecution case. Vide order dated 5.4.2007 passed by this Court in Criminal Misc. No. 16929-M of 2007, co-accused of the petitioner has already been released on bail.