KUNDAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR shows that the informant did not know the applicant. It is mentioned in the said report itself that in response to certain utterances made by co -accused Ajaib Singh, applicant after announcing his identity as Kundan Singh. Sarpanch of village Dharamheri was ready to help with arms as he had been doing before, which necessarily indicates that the name of the applicant and his other details were not known to Alla Dass informant. He does not provide description of the applicant in the FIR beyond the fact that he is middle aged man, although he claims that he could identify him. The applicant was arrested on 5 -12 -1986 and no test identification parade admittedly was arranged for his identification by Alia Dass. Certified copy of the bail application dated 27.2.1987 moved by the applicant before the Additional Judge, Designated Court, Kurukshetra along with his order has been placed on the record. In para 4 thereof, it is alleged by the applicant that he is an old man of 70 years and that he is not a previous convict. That assertion of his was not challenged by the public prosecutor before the designated court. If applicant is aged 70 years then the brief description provided in the FIR does not at all fit in with him. There is nothing on the record to show that the applicant is likely to commit any offence if released on bail. Under the circumstances, applicant Kundan Singh is ordered to be released on bail during trial on furnishing personal bond with one surety in the sum of Rs. 10,000/ - each to the satisfaction of Chief Judicial Magistrate, Kurukshetra, Order accordingly.