SUDHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by petitioner-Sudhir @ Motta under Sec. 439 Cr.P.C. for grant of regular bail to him in case FIR No.94 dtd. 26/3/2015 registered under Ss. 148, 302, 341, 307, 216 and 149 IPC and Sec. 25/54/59 of the Arms Act at Police Station Sadar, Narnaul, District Mahendergarh, Haryana.

(2.) Learned counsel for the petitioner submits that it is a case of version and cross-version. Only the name of the petitioner is mentioned in the FIR but there is no eye witness. No recovery has been effected from the petitioner and he has been implicated in the case only on the basis of disclosure statement made by co-accused, which has no evidentiary value. The petitioner is in custody since 28/6/2015 and undergone custody of more than 3 years and 6 months. There are total 48 prosecution witnesses and after examination of material witnesses, still 23 witnesses remain to be examined. Trial may take long time to conclude and no purpose would be served by keeping the petitioner in custody.

(3.) Status report by way of affidavit of Mr. Vinod Kumar, HPS, Superintendent of Police, Narnaul, District Mahendergarh at Narnaul has been filed in the Court today and the same is taken on record.