VIJAY ALIAS KOKI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Vijay alias Koki, who was summoned under Section 319 Cr.P.C. as an additional accused, has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 39 dated 13.3.2004 registered under Sections 302/364/201/120-B, IPC read with Sections 25/54/59 of the Arms Act at Police Station City Bahadurgarh, District Jhajjar.

(2.) I have heard the counsel for the parties and gone through the contents of the FIR.

(3.) AFTER filing of the challan, the complainant filed Crl. Misc. No. 41239-M of 2004 for transfer of the investigation of the case to the CBI or some independent agency as the police did not conduct the proper investigation. This Court vide order dated 6.10.2004 directed that the investigation of the case be conducted by Crime Branch, CID, Haryana. During the investigation, co-accused Rajesh @ Mogli was arrested by the Delhi Police in a different case. He made a disclosure statement in which he named that the petitioner is one of the accused, who conspired for the murder of Rakesh Gupta as the petitioner had given the pistol to him which he had given to accused Dharmender @ Dhanna, who fired three shots upon Rakesh Gupta. It is further stated that after the occurrence, Dharmender @ Dhanna returned the pistol to him which he again handed over to the petitioner. The disclosure statement of Dinesh @ Datuva was also recorded in which he did not name the petitioner as one of the accused.