Arun Kumar v. State Of Haryana
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8 / It is submitted by learned senior counsel for the petitioner that the petitioner is in custody from 30.10.2020 which is almost 2 years and 8 months. He submitted that as per the allegations, the deceased namely Deepak @ Bachhi was allegedly taken away by some unknown persons and two eye witnesses namely Ajmal and Aakash had stated that the deceased was taken away by some persons including the present petitioner. Later on the dead body of the aforesaid Deepak @
Bachhi was found in a pit. Learned senior counsel submitted that in fact the entire case is based upon either circumstantial or on the statements of the aforesaid Ajmal and Aakash, who have been examined. He submitted that both the aforesaid witnesses have not supported the prosecution version and the petitioner has clean antecedents and is not involved in any other case and has already faced incarceration for about 2 years and 8 months and therefore the petitioner may be considered for the grant of regular bail.
3.
On the other hand,
$ has submitted that it is correct that the petitioner is in custody for 2 years and 8 months and the aforesaid two eye witnesses have not supported the prosecution version. She has however submitted that the matter is serious in nature and therefore the petitioner is not entitled for the grant of regular bail. So far as the antecedents of the petitioner is concerned, she has submitted that the petitioner is not involved in any other case. 4.
I have heard learned counsel for the parties. 5.
It is a case where the petitioner has already suffered incarceration for 2 years and 8 months and five prosecution witnesses including the eye witnesses namely Ajmal and Aakash have already been examined. As per learned counsel for the parties, the aforesaid eye witnesses have not supported the prosecution version and the petitioner is stated to be not involved in any other case. Furthermore,
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