Parveen @ Nath v. State Of Haryana

 




     
    

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It is submitted by learned counsel for the petitioner that the petitioner is in custody from 05.11.2020 and six prosecution witnesses have already been examined including the complainant. He submitted that at the time of deposition by the complainant, he has specifically stated that although the name of the



petitioner was mentioned in the FIR that he accompanied the two co-accused who had fired upon the deceased but thereafter, after looking at the CCTV footage it was a case of mistaken identity and in fact it was not the present petitioner but it was another accused, namely, Jitender who was present and therefore so far as the present petitioner is concerned, the allegations against the petitioner were not supported by the prosecution witnesses including the complainant and rather on the other hand it was so stated that it is a case of mistaken identity. 

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   "   he may be considered for the grant of regular bail.

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 as well as learned counsel appearing on behalf of the complainant have stated that at the time of deposition of the complainant, who is the eye witness, has specifically stated that it was a case of mistaken identity because the present petitioner was not the person who was present there and in fact on the basis of the CCTV footage, it was another accused, namely, Jitender who was present at the spot and it is also correct that the petitioner  % 

 

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I have heard learned counsel for the parties. 5.

The petitioner in the present case is in custody from 05.11.2020. As per all learned counsel for the parties, it is a case of mistaken identity with regard to the petitioner. Six prosecution witnesses have already been examined. T 

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In view of the aforesaid facts and circumstances, this Court deems it fit and proper to grant bail to the petitioner. -= % the present petition is allowed.

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