Crl. Misc. No. M- 4783 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 4783 of 2010 (O&M) Date of decision: March 30, 2010 Satish Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. N.S. Shekhawat, Advocate, for the petitioner. Ms. Shalini Atri, DAG, Haryana. GURDEV SINGH, J. Heard. The petitioner, Satish Kumar son of Ramphal, has filed this petition under Section 439 of the Criminal Procedure Code, for regular bail in FIR No. 174 dated 25.5.2009 registered at Police Station Sadar, Gurgaon, under Sections 452, 302 and 120-B IPC. He has contended therein that he has been falsely involved in this case and his name does not figure in the FIR. He has no concern with the alleged crime and was arrested only on the basis of suspicion. He is coming in the custody since 2.6.2009. This FIR was registered on the basis of the statement of Khazani. According to her, Manish accused, alongwith other unknown person, came to her house and forcibly entered the same after pushing her one side. This accused shot dead Sudesh, wife of her grand son. Both those Crl. Misc. No. M- 4783 of 2010 2 accused fled from the spot after the occurrence. The petitioner was never named as accused by the said complainant. However, the learned State counsel has come out with the story that the motor cycle used in the commission of the crime was recovered from the possession of this petitioner. It is not the case of the investigating agency that any such motor cycle was used by the assailants either for coming to the spot or leaving the same. Learned State counsel has not been able to point out any admissible evidence regarding conspiracy against the present petitioner. Keeping in view all these facts and without expressing any opinion on the merits of the case, this application is allowed. The petitioner is admitted to bail to the satisfaction of the CJM/Duty Magistrate, Gurgaon. March 30, 2010 (GURDEV SINGH ) prem JUDGE