Crl. Misc.-M No.27918 of 2009 (O&M) Bhupinder Singh vs. State of Haryana Present: Mr. R.S.Rai, Sr. Advocate with Mr. Gautam Dutt, Advocate for the petitioner. Mr. Chanakya Pandit, Advocate for complainant. Mr. A.S.Ghangas, Addl. AG, Haryana. **** This is a petition under Section 439 of Cr.PC for grant of regular bail in FIR No.240 dt. 17.11.2008 under Section 307/323/148/149 IPC and Section 27/54/59 Arms Act at PS Taraori, Distt. Karnal. As per the allegations, the petitioner along with one Resham Singh fired at the complainant. Shots did not hit the complainant. However, in the incident uncle of the complainant received a gunshot injury in his knee. In the order declining bail, it has been mentioned that the petitioner fired the shot which hit the aforementioned Kulwant Singh. However, Learned counsel has asserted (and which is not denied) that the allegation was that the petitioner was carrying a .12 Bore gun (which was not recovered). Resham Singh was also arrested and a pistol was recovered from him. The gun shot on the Kulwant Singh was a bullet injury and therefore, it is the argument of the learned counsel for the petitioner that the petitioner did not shoot Kulwant Singh. It is further not disputed that Resham Singh afore- Crl. Misc.-M No.27918 of 2009 (O&M) -2- mentioned has been released on bail. In the present case, the petitioner has been in custody since 19.12.2008. In these circumstances, in my opinion, this petition deserves to be allowed. The petitioner is directed to be released on bail to the satisfaction of CJM, Karnal. Petition allowed. December 14, 2009 (AJAY TEWARI) sonia JUDGE