Judgment (Oral)

1. The accused/applicant seeks regular bail in case FIR No. 766/2015 of PS Chhawla for offence under Section 302/307/34 IPC and Section 27 Arms Act.

2. Status report in terms with last order has not been filed.

3. I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/Inspector Surender Kumar.

4. Broadly speaking, according to prosecution case, the accused/applicant and his associates killed the deceased by way of multiple gunshot injuries. The first informant, Suraj Bhan who witnessed the alleged killing was also fired at but the shot misfired and did not hit him. Out of three eye witnesses, the first informant Suraj Bhan was killed later and was dropped vide order dated 01.07.2024 while the other eye witnesses Sanjay Malik and Bheem Singh have not supported prosecution case.

5. Learned counsel for accused/applicant submits that he is in custody for past almost ten years and no public witness remains to be examined in this case, therefore, the accused/applicant deserves to be admitted to bail. As regards the case under MCOCA, it is contended by learned counsel that in the said case, bail has not been granted till date. Regarding the remaining cases, it is contended that in some of the cases the accused/applicant stands acquitted while in other cases trials are pending and he is on bail. It is also contended that the co-accused Dharmender has already been granted bail.

6. Learned APP opposes the bail application in view of antecedents of the accused/applicant. However, learned APP on instructions of the IO fairly admits that there is no evidence in the present case which can lead to conviction of the accused/applicant because the eye witnesses have not supported prosecution and nothing incriminating was recovered from the accused/applicant. It is also admitted by learned APP that all public witnesses already stand examined.

7. Keeping in mind the aforesaid circumstances in the light of long incarceration of the accused/applicant, the application is allowed and accused/applicant is admitted to bail, subject to his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Trial Court.

8. Nothing discussed in this order shall prejudice either side at the stage of final arguments before the trial court.

9. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.