Virender Kumar vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner-Virender Kumar son of Jal Singh, has preferred the instant petition for the grant of concession of regular bail, invoking the provisions of Section 439 Cr. P.C. in a case registered against him, vide FIR No. 281 dated 06.07.2013, on accusation of having committed the offences punishable under Sections 302, 392 and 201 IPC, by the police of Police Station Kherki Daula, District Gurgaon.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this behalf.

Precisely, the prosecution claimed that on 06.07.2013, a telephonic information was received from Ishwar Singh, Sarpanch in police station that one dead body was lying in the well of Satbir Singh. In the wake of information, police reached at the spot and recovered the dead body of Jai Kishan. Complainant Ishwar Singh, brother of the deceased moved an application to the police on the basis of which the present case was registered against the accused.

What cannot possibly be disputed here is that, there is no direct evidence on record against the petitioner. The case of the prosecution revolves around the circumstantial evidence. The only circumstance pressed into service by the prosecution against the accused is the evidence of last seen and the recovery of damaged sim card of the deceased from the petitioner. There is no other evidence on record, whatsoever. What is the evidentiary value of such last seen evidence, recovery of damaged sim card of the deceased from the petitioner and whether such evidence is legally sufficient to convict the petitioner u/s 302 IPC, inter alia, would be a moot point to be decided during the course of trial by the trial Court. The prosecution appears to have concealed the genesis of the occurrence in this case.

Moreover, the petitioner was arrested on 11.07.2013. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. The conclusion of trial will naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, during the course of trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.