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Judgment
Raj Mohan Singh, J
The case has been taken up for hearing through video-conferencing.
Petitioner in his second attempt seeks grant of regular bail under Section 439 Cr.P.C. in case bearing FIR No.0106 dated 19.03.2018 under Section
302 IPC registered at Police Station Line Par Bahadurgarh, District Jhajjar.
First petition i.e. CRM-M No.53920 of 2019 was dismissed vide order dated 04.02.2020 with a liberty to the petitioner to file fresh petition in case the
trial is unnecessarily delayed. That is how, the present petition came to be filed.
As per allegations, complainant Manoj alleged that on 19.03.2018 at about 6-6.15 PM, Neeraj came to the room after his duty and went to take bath.
Complainant, Pankaj, Bhagat Ram, Aalok and Nanhu were sitting in the rented premises of Pankaj. Petitioner was also sitting in his room. They heard
a noise and found that the petitioner was inflicting knife blows to Neeraj. When the complainant and others tried to apprehend the petitioner, then the
petitioner after inflicting 4-5 stab injuries to Neeraj ran away from the spot. Neeraj died on account of stab injuries.
Prosecution evidence has already been recorded. Application under Section 311 Cr.P.C. filed by the prosecution has been allowed and now, further
proceedings are pending before the trial Court.
Having heard learned counsel for the parties, I find that the liberty was granted to the petitioner only for filing fresh petition in accordance with law
without adverting to merits of the case.
In view of eye witness account given by the complainant, no case is made out to grant any indulgence in favour of the petitioner at this stage. The
testimonies of other eye witnesses would be tested by the trial Court in accordance with law.
Dismissed.