Criminal Misc. No. M-16637 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-16637 of 2011 (O&M) Date of decision: 25.7.2011 Anil alias Kalia .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. A. Sheoran, Advocate for the petitioner. Mr. Subhash Godara, Additional Advocate General, Haryana. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail pending trial. The FIR was registered on account of the death of Tinku @ Varun @ Kalia. As per the FIR, he was missing 2-3 days prior to 8.12.2009. He was working in a hotel named Muskan owned by petitioner Anil. The FIR was registered on 24.12.2009 having suspicion that Anil had murdered Tinku. The dead body was recovered from an abandoned well on 27.12.2009. The petitioner was arrested on 16.1.2010. Thereafter, his disclosure statement was recorded. It is also stated by learned counsel for the State that one quilt, one knife and the clothes of the petitioner, which he was wearing at the time of commission of alleged crime, were recovered from the place pointed out by the petitioner. In addition to that, there is disclosure statement of another person, namely, Satish who had come to the hotel on 10.12.2009 and had stayed there till 20.12.2009. It is alleged that the dead body of the deceased, which was earlier kept in an underground water tank, had started emitting foul smell which was pointed out by Satish and thereafter it was removed and thrown in an abandoned well in another village. No sample was collected from the water tank in which the dead body was allegedly lying for 13 days. The Criminal Misc. No. M-16637 of 2011 [2] case apparently is based on circumstantial evidence as there is no eye- witness to the crime. The petitioner is in custody for the last one year and six months. Out of total 19, only nine prosecution witnesses have been examined. Considering the aforesaid facts, in my opinion, the petitioner deserves the concession of bail pending trial. Let the petitioner be released on bail pending trial on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Bhiwani. The petition stands disposed of. (Rajesh Bindal) Judge 25.7.2011 mk