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2019 DIGILAW 2128 (PNJ)

Harender @ Chintu v. State of Haryana

2019-07-23

ANIL KSHETARPAL

body2019
Judgment Mr. Anil Kshetarpal, J. (Oral):- By this order, CRM-M-15759-2019 and CRM-M-29114-2019 shall stand disposed of. 2. Prayer in these petitions is to grant regular bail in FIR No.67, dated 27.01.2019, registered under Sections 148/149/387/307/506 IPC and Section 25 of Arms Act, at Polcie Station Camp Palwal, District Palwal. 3. Learned counsels for the petitioners have submitted that as per the copy of challan, petitioners are not the persons who had fired. They further submit that it is a case of no injury. 4. On the other hand, learned State counsel has submitted that on the basis of CCTV footage, petitioners were present at the time of incident. 5. Precise allegations in the present FIR are that certain unidentified persons had come to a theater hall and one person which according to challan is Rahul, fired two bullets, one towards ticket vendor and second towards guard. Challan has been presented, charges have been framed, however, prosecution has not started leading its evidence. Prosecution wishes to examine as many as 21 witnesses. Petitioners are young boys of 20 and 21 years. They are in custody since 28.01.2019. They are not involved in any other case. 6. Without commenting on the merits of the case and keeping in view the fact that the petitioners are in custody since 28.01.2019, are not involved in any other case and the trial of the case is likely to take a long time, the petitioners are directed to be released on regular bail subject to furnishing of adequate surety to the satisfaction of the trial Court/Duty Magistrate. 7. Accordingly both the petitions are allowed with the aforesaid directions.