Charan Singh v. State Of Haryana

The present petition has been filed under Section 439 Cr.P.C. (now Section 483 of BNSS, 2023) seeking regular bail in case FIR No.499 dated 19.09.2023, under Sections 302, 395, 396, 397, 411 & 201 IPC, 1860 and Section 25 of the Arms Act, 1959, registered at Police Station Model Town, District Rewari.

The case of the prosecution is that on 18.09.2023 at around 07:15 PM, the complainant was going on the motorcycle from a finance office situated at Sector 5, Rewari along with Rs.6 lakhs in cash. At around 08:15 PM, two boys stopped the complainant and fired a bullet which hit him on the left side of his chest. The accused persons snatched the bag of money and ran away from the spot on a motorcycle.

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Learned counsel for the petitioner, however, submits that the petitioner was not named in the FIR and was arraigned as an accused on the basis of disclosure statements of co-accused Satnam Singh. Besides the disclosure statement, there is no incriminating material against the petitioner which would connect him with the alleged commission of offence. He further submits that the petitioner is in custody for the last more than 02 years, 03 months and 22 days.

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02 years, 03 months and 22 days.

He also submits that recovery of an amount of Rs.1,60,400/-, one motorcycle and a mobile phone was effected from the petitioner. He, upon instructions, submits that 08 out of 40 cited prosecution witnesses have been examined. 02 years, 03 months and 22 days