Anil and others vs State of Haryana

Ram Chand Gupta, J.—This is an application for regular bail filed u/s 439 of Code of Criminal Procedure in FIR No.316 dated 27.11.2010 under Sections 147, 148, 323, 452, 302 of Indian Penal Code, registered at Police Station Kanina, District Mohindergarh. I have heard learned counsel for the parties and gone through the record.

It has been argued by the learned counsel for the petitioners that petitioners have not been named in the FIR and they have been falsely involved on the basis of statement of co-accused later on. Further contends that complainant identified as many as seven persons at the spot and named in the FIR. It has also been contended that complainant has been examined in the Court and he has also not recognized the present petitioners. It is further contended that they have been continuing in custody since 11.01.2011. It has also been contended that case of present petitioners is similar to co-accused Tara Chand @ Hanuman, who has been granted concession of regular bail by this Court vide order dated 10.01.2012 passed in CRM No.M-23469 of 2011.

Learned counsel for the State on the instructions of ASI Mahabir Singh, has not disputed these facts.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioners Anil, Sunil @ Dhilu and Krishan @ Ford is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Narnaul.