DALEEP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No. 35/09 dated 12.5.2009, registered at Police Station, Brow, Tehsil Nirmand, under Sections 302, 34, IPC.

(2.) THE case of the petitioner is that petitioner was arrested on 14.5.2009 on suspicion. THE petitioner was remanded upto 20.5.2009 by leaned Sub Divisional Judicial Magistrate, Rampur and thereafter the petitioner is in judicial custody. THE other accused was Roshan Lal.

(3.) THE bail application has been opposed by learned Addl. Advocate General. It has been submitted that petitioner is involved in a serious case and the prosecution evidence is in progress. It has been denied that the prosecution witnesses have not supported the prosecution case. THE evidence of the prosecution is in progress and therefore, it will not be proper to comment on the evidence recorded till now. THE case is now fixed for prosecution evidence on 18/19.1.2011. In the facts and circumstances of the case the petitioner is not entitled to bail at this stage. Accordingly, application is dismissed.