Crl. Misc. No. M – 35563 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 35563 of 2009 (O&M) Date of decision:- 12.3.2010 Surender ... Petitioner Versus State of Haryana ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Pardeep Goyal, Advocate, for the petitioner. Mr. S.S.Goripuria, DAG, Haryana. Gurdev Singh, J (oral) Heard. The petitioner – Surender S/o Suresh has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail in FIR No. 366 dated 4.11.2008, registered under Sections 364-A, 302, 201 and 34 IPC, in Police Station City Palwal. This FIR was registered on the basis of the statement of Tirlok Chand whose son Deepak was kidnapped by some unknown persons. He narrated therein that this kidnapping was done from the shop and thereafter he had been receiving telephone calls asking for ransom of Rs.20 lacs. No accused was named in the FIR. When it was asked from learned State counsel, as to what evidence has been collected against the present petitioner during the investigation, he disclosed that this petitioner made a disclosure statement and in pursuance of that disclosure statement he got recovered driving license and purse of Deepak, whose dead body was recovered subsequently. Crl. Misc. No. M – 35563 of 2009 -2- According to the learned State counsel this is the only circumstantial evidence collected against the present petitioner. It is not the case of the prosecution that there is chain of circumstances pointing towards the guilt of the petitioner and that there are such circumstances which excludes hypothesis of his innocence. Keeping in view these facts and without expressing any opinion on the merits of the case, this petition is allowed and petitioner is ordered to be released on bail to the satisfaction of the trial Court/Chief Judicial Magistrate Palwal, subject to the following conditions:- (i)he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii)he shall not leave India without the previous permission of the Court. March 12, 2010 (Gurdev Singh) tripti Judge