CRM-M-33784 of 2011 - 1 - CRM-M-33694 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 1. CRM-M-33784 of 2011(O&M) Decided on: 15.12.2011 Balram @ Ballu . . . .Petitioner Versus State of Haryana . . . . Respondent **** 2. CRM-M-33694 of 2011 Decided on: 15.12.2011 Rahul . . . .Petitioner Versus State of Haryana . . . . Respondent **** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.S.N. Yadav, Advocate, for the petitioner (in CRM-M-33784 of 2011). Mr.Rakesh Nehra, Advocate, for the petitioner (in CRM-M-33694 of 2011) Mr.Sagar Deswal, AAG, Haryana. **** RAKESH KUMAR JAIN, J. (ORAL) This order shall dispose of two petitions bearing CRM-M-33784 of 2011 titled as “Balram @ Ballu Vs. State of Haryana” (for short ‘Ist petition’) and CRM-M-33694 of 2011 titled as “Rahul Vs. State of Haryana” (for short ‘IInd petition’) in which petitioners have prayed for regular bail in a case registered vide FIR No.209 dated 01.12.2010 under Sections 302 & 201/34 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Badshahpur, District Gurgaon. CRM-M-33784 of 2011 - 2 - CRM-M-33694 of 2011 The Police had recovered dead body of one Chhotu, Kabari and on the complaint of his brother Mukhtiar Singh, the present FIR has been lodged. In the FIR, the petitioner in the Ist petition is not named, however, the petitioner in the IInd petition is named and the complainant has alleged that he later on came to know that Rahul had made a phone call to the deceased. It is submitted by learned counsel for the petitioner(s) that the petitioner in the Ist petition is in custody since 22.12.2010 and the petitioner in the IInd petition is in custody since 21.1.2011. The trial is on and out of total 19 witnesses, two witnesses have been examined and one has been given up. It is further argued by learned counsel for the petitioner(s) that the petitioner in the Ist petition has been involved in this case on the basis of disclosure statement when he was in the police custody in another case registered under the Arms Act whereas the petitioner in the IInd petition has been involved on the basis of the said disclosure statement of the petitioner in the Ist petition. The police had recovered the bricks on the disclosure statement of both the petitioners which were alleged to have been used in the alleged crime. The said bricks were sent for the forensic examination. Although, human blood was found but it was not conclusive. Learned counsel for the petitioner(s) further submits that it is a case of blind murder in which there is no evidence with the Police because the petitioners were neither last seen with the deceased nor there is any extra-judicial confession to connect them with the alleged crime. Learned counsel for the State, however, submits that one Amir Ahmmad, who happens to be relations of the deceased Chhotu, was with him in the market when he had received Rahul’s call, who asked him to come to Dharam Kanta near Sona Devi for showing some material to the party. It is also submitted that the petitioner in the Ist petition is involved in other cases also whereas the petitioner in the IInd petition is neither a previous convict nor any other case is pending against him. CRM-M-33784 of 2011 - 3 - CRM-M-33694 of 2011 Learned counsel for the petitioner(s) submits that petitioners are permanent resident of Gurgaon and are not likely to abscond. I have heard both the learned counsel for the parties and perused the record. Keeping in view the facts and circumstances of the case but without observing anything on the merits, the Ist petition (CRM-M-33784 of 2011 titled as “Balram @ Ballu Vs. State of Haryana”) and IInd petition (CRM-M-33694 of 2011 titled as “Rahul Vs. State of Haryana”) are hereby allowed and the petitioners are directed to be released on bail on their furnishing personal bonds in the sum of `1 lac each with two local sureties of the like amount to the satisfaction of the trial Court. A photocopy of this order be placed on the file of other connected cases. (RAKESH KUMAR JAIN) 15.12.2011 JUDGE Vivek