RAMESH Vs. THE STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Petitioner-Ramesh has filed the present petition under Sec. 439 Cr.P.C. for grant of regular bail to him in case FIR No.246 dtd. 7/5/2017 registered under Ss. 148, 149, 302 and 506 IPC at Police Station Gharaunda, District Karnal.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas he was not involved. The investigation has been completed and during investigation, accused-Roshan was arrested after 19 days of occurrence and he made a disclosure statement wherein the name of the petitioner was mentioned. As per disclosure statement, there was a scuffle between the petitioner and one Dopu. The petitioner was having grudge with said Dopu and for taking that revenge,one person namely, Rinku had a knife and gave to Vishal, who is the main accused. Learned counsel further submits that as per investigation, Rinku gave knife to Vishal and Vishal gave knife to Roshan whereas as per disclosure statement of Roshan, the petitioner and Mintu caught hold of the deceased-Satnam and Roshan gave knife blow to him and other persons gave fist and kick blows to the deceased. Vijay was found innocent by the Investigating Agency and the present petitioner has been made as an accused whereas similar role has been attributed to the petitioner and co- accused Vijay that they caught hold the deceased. Learned counsel also submits that the petitioner is in custody since 23/5/2017 and challan has been presented. There is no apprehension that the petitioner may influence the witnesses.

(3.) Learned State counsel as well as counsel for the complainant have not disputed the custody period as well as release of co-accused on regular bail but opposed grant of regular bail to the petitioner.