Amit Kaushal v. State Of Haryana

 

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The instant petition is resisted by the State counsel, who submits that petitioner conspired with Bunty Kaushal and in furtherance of said conspiracy Bunty Kaushal shot dead Aman @ Gappu. However, the State counsel on instructions from ASI Balkar Singh has not disputed the fact that the petitioner is in custody since 28.2.2022 and during investigation no incriminating or objectionable articles effected from the petitioner and further co-accused Rita Sharma was granted concession of regular bail by this Court vide order dated 2.2.2023. The State counsel has also not disputed the fact that PW-2 Barkha Ram and PW-6 Tejwinder Singh @ Binni have not stated anything against the present petitioner. The State counsel further apprised the Court that in all there are 42 witnesses out of which prosecution has examined 6 witnesses till date. I have considered the submissions made by counsel for the parties.

Admittedly the petitioner was not named in the FIR which was got registered by the complainant alleging that her son Aman @ Gappu was shot dead by Bunty Kaushal. The only allegations against the petitioner are that he conspired with Bunty Kaushal being his real brother to commit murder of Aman @ Gappu. The complainant and other material witnesses are already examined and it appears that alleged eye-witnesses Barkah Ram and Tejwinder Singh @ Binni have not stated anything against the petitioner while appearing in the witness box. Admittedly the occurrence in question

 was not witnessed by the complainant. The exact complicity of the present petitioner in the murder of Aman @ Gappu will be unfolded only after recording entire evidence of prosecution. Co-accused Rita Sharma who was named in the FIR has already been enlarged on bail by this Court. The petitioner is in custody since 28.2.2022 and during investigation no objectionable article was recovered from his possession. Further/


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)" ) is going to be served by prolonging the judicial custody of the petitioner. Thus without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate concerned.




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Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No