MAHAVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 438 of the Code of Criminal Procedure (for short 'Cr.P.C') for grant of pre arrest bail to the petitioner in case FIR No.226 dtd. 25/8/2018, registered under Ss. 302/34 of the Indian Penal Code, 1860 registered at Police Station Julana, District Jind.

(2.) FIR in the present case was registered on the statement of Balwan, chacha (uncle) of deceased Ankit son of Bhoop Singh to the effect that his nephew Ankit was learning driving on JCB machine with the driver of their village Surjit son of Dhira, which belongs to Mahavir son of Mange Ram. On 24/8/2018 at 10:00 am, when Ankit had gone to learn driving JCB, Krishan (another uncle of deceased), received a telephonic call from his nephew Ankit on his mobile phone at about 10:18 pm that four boys have been beating him in Lalit Khera and Krishan asked Ankit that who are they, tell their names, but the phone of Ankit was disconnected. Thereafter, they tried to call Ankit but all in vain. He is sure that his nephew Ankit has been killed by Surjit son of Dhira and Mahavir son of Mange Ram (the present petitioner) and their unidentified associates by giving beating and thrown on the road and thereafter buried his face in the soil of the field.

(3.) It is contended by learned Counsel for the petitioner that although he has been named in the FIR but there is no material available on record with the police to indicate that petitioner has played any role regarding the murder of the deceased Ankit. Also contends that till date, even the police is not able to recover anything from the co-accused, who have been arrested for the complicity of the petitioner. Further contends that petitioner is ready to join the investigation and will fully cooperate with the police.