SUKHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 439 Cr.P.C. for grant of regular bail to him in case FIR No.08 dtd. 3/1/2018 registered under Ss. 307, 506 read with Sec. 34 IPC and Sec. 25 of the Arms Act at Police Station Assandh, District Karnal during pendency of the trial.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas he was not involved and only on the basis of general allegations, he along with his co-accused has been implicated. No specific role has been attributed to him. Learned counsel further submits that as per version of the complainant, there was heavy fog on the day of occurrence and the lives of complainant and other persons were saved. Learned counsel also submits that as per FIR, the occurrence took place in front of house of the complainant whereas as per site plan, the place of occurrence is different, which is few kilometers away from the alleged place of occurrence. No injury has been declared to be dangerous to life. Recovery of .315 bore pistol has falsely been planted upon the petitioner. The petitioner is in custody since 5/1/2018. Complainant and one injured have been examined and out of two more injured, one is out of country and other is resident of UP and he is not coming forward for getting his statement recorded.

(3.) Learned State counsel has not disputed the custody period as well as examination of complainant and one injured but has opposed grant of regular bail to the petitioner on the ground that two more injured still remain to be examined.