DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEARNED counsel submitted that the petitioner is a student of M.Sc. (I.T.) at Gurgaon. Learned counsel also submitted that though there are serious allegations against him in the FIR registered under Sections 307, 332, 353 read with Section 34 and Section 186 IPC and also under the Arms Act, he has been roped in this case only for the reason that he gave lift to the co-accused for a ride in his vehicle, who happened to be his landlord. According to learned counsel, recovery was effected in the mid night at 12.15 but no independent witness was associated. Besides this is also his submission that though the police has shown that the weapon was fired but in the absence of independent witness of recovery the allegation may not endure.

(2.) HENCE without expressing any opinion on the merits of the case Crl. Misc. No. 30094-M of 2007 is hereby allowed and it is directed that petitioner Deepak son of Baldev Singh shall be released on bail subject to the satisfaction of learned Chief Judicial Magistrate, Gurgaon. Petition allowed.