Satyender v. State Of Haryana
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It is submitted by learned counsel for the petitioner that the petitioner is in custody for about two years and five months. He submitted that 6 prosecution witnesses out of 22 cited witnesses have already been examined in the present case including the material witnesses. He submitted that the petitioner has clean antecedents and is not involved in any other case. He submitted that the complainant and the other eye witness have already been examined in the present case. He further submitted that one of the co-accused, namely, Sarjeet against
whom there were direct allegations in the FIR pertaining to causing injuries to the complainant although not on the deceased # & 3 & +# & # & * *44(()).
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On the other hand,
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in respect of the present petitioner which is taken on record and while referring to the custody certificate submitted that the petitioner has already faced incarceration for about 2 years, 4 months and 20 days and is not involved in any other case and has clean antecedents. He also submitted that 6 prosecution witnesses out of 22 have already been examined including all the material witnesses.
4.
Mr. Ajay Nain, learned counsel appearing on behalf of the complainant has opposed the grant of bail to the petitioner on the ground that the petitioner is not at parity with the aforesaid co-accused, namely, Sarjeet who has already been granted bail by this Court since the petitioner had caused injuries to the deceased.
5.
I have heard learned counsel for the parties. 6.
It is a case where the petitioner has already faced incarceration for about 2 years, 4 months and 20 days and he is stated to be not involved in any other case and has clean antecedents. The other co-accused, namely, Sarjeet has already been admitted to regular bail by this Court. The only distinction between
the attributions qua the aforesaid co-accused and the petitioner is that the other coaccused allegedly caused injuries to the injured-complainant whereas the present petitioner caused injuries to the deceased. All the material prosecution witnesses stand examined in the present case. I #
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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. * 7# the present petition is allowed. %
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