SATISH KUMAR MITTAL,J - (1.) PETITIONER Vijay alias Koki, who was summoned under Section 319 Cr.P.C. as an additional accused, has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 39 dated 13.3.2004 registered under Sections 302/364/201/120-B, IPC read with Sections 25/54/59 of the Arms Act at Police Station City Bahadurgarh, District Jhajjar.
(2.) I have heard the counsel for the parties and gone through the contents of the FIR. In this case, the aforesaid FIR was registered on 13.3.2004 on the basis of the statement made by Devinder Gupta alias Vicky, son of the deceased. In the FIR, it has been alleged that the uncle of the complainant, namely, Subhash was stabbed by the elder brother of the petitioner about 20 years ago and in that regard a case was also registered against him. It has been alleged that due to the said grudge, the petitioner along with Dinesh @ Datuva, Chikna @ Raju had called the deceased from his tent house, shot him dead and thrown his dead body at Patel Nagar. Subsequently, during the investigation, one Kuldip @ Monu, whose name was not given in the FIR, was arrested. He made a disclosure statement to the effect that he along with Dharmender @ Dhanna, Rajesh @ Mogli, Toni Sardar and Neetu Rehal had committed the murder of Rakesh Gupta. During further investigation, Dharmender was arrested. He also suffered a disclosure statement in which it was stated that he along with Kuldip @ Monu, Rajesh @ Mogli and Tony Sardar had committed the murder of Rakesh Gupta. He further stated that the pistol, which was used in the murder of Rakesh Gupta, was handed over to Kuldip @ Monu after commission of the crime. Subsequently, Kuldip @ Monu was also arrested. He suffered a disclosure statement in which he stated that he along with Dinesh @ Datuva, Dharmender @ Dhanna, Rajesh @ Mogli, Vijay @ Koki, Rajesh @ Raju @ Chikna, Neetu Rehal and Tony Sardar were involved in the murder of Rakesh Gupta. As far as the petitioner is concerned, it was alleged that after the commission of the crime, the pistol used in the crime was given to the petitioner. After investigation, the police submitted the challan only against Kuldip @ Monu, Dharmender @ Dhanna and Neetu Rehal, whereas the other co-accused Rajesh @ Mogli, Vijay @ Koki (petitioner), Rajesh @ Raju @ Chikna and Dinesh @ Datuva were kept in column No. 2 being innocent.
(3.) AFTER filing of the challan, the complainant filed Crl. Misc. No. 41239-M of 2004 for transfer of the investigation of the case to the CBI or some independent agency as the police did not conduct the proper investigation. This Court vide order dated 6.10.2004 directed that the investigation of the case be conducted by Crime Branch, CID, Haryana. During the investigation, co-accused Rajesh @ Mogli was arrested by the Delhi Police in a different case. He made a disclosure statement in which he named that the petitioner is one of the accused, who conspired for the murder of Rakesh Gupta as the petitioner had given the pistol to him which he had given to accused Dharmender @ Dhanna, who fired three shots upon Rakesh Gupta. It is further stated that after the occurrence, Dharmender @ Dhanna returned the pistol to him which he again handed over to the petitioner. The disclosure statement of Dinesh @ Datuva was also recorded in which he did not name the petitioner as one of the accused.;