ABHISHEK Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition under Sec. 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.446 dtd. 9/7/2018, registered under Ss. 307/34 IPC and Sec. 25 of the Arms Act, at Police Station Sampla, District Rohtak.

(2.) According to the prosecution, in the early hours of 9/7/2018, two unknown persons came on a motorcycle and knocked door of the house of complainant. When his brother opened gate, one of assailants fired gunshot, which hit brother of the complainant namely Vinod. The motive behind the occurrence was solemnization of marriage by Vinod with Priyanka against the wishes of her parents.

(3.) Learned counsel contends that main accused namely Ajay is the cousin of Priyanka. Petitioner is only a co-villager of Priyanka. Main accused Ajay had misused the petitioner by taking him along on motorcycle on some false pretext. He was not aware that his main co-accused Ajay would commit some crime as alleged in the FIR. Motorcycle allegedly recovered from the petitioner used in the commission of crime does not belong to him. Recovery of .32 bore pistol was effected from co-accused Ajay. No recovery is to be effected from the petitioner. The petitioner is in custody since 17/7/2018. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner in jail any more during trial.