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2024 Supreme(P&H) 178

HARPREET SINGH BRAR
Rajpal Singh – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Rajesh Nain, Mr. Vikas Bhardwaj AAG, Haryana

Judgment

Mr. Harpreet Singh Brar, J.

This is the first petition filed under Section 439 of Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.69 dated 01.02.2023 registered under Sections 302 of Indian Penal Code (later Section 302 IPC was deleted and Section 304 IPC was added) at Police Station Kharkhoda, District Sonipat, Haryana.

2. The FIR was lodged on the basis of complaint made by one person namely Manjit on the allegations that the body of an unknown person was found on 25.01.2023 at about 10:30 AM, near service road of Delhi road bypass. The investigating officer along with the FSL team reached at the spot and took the dead body to Government Hospital, Sonipat. Identification of the dead body could not be ascertained and as such, after performing the post-mortem, the last rites of the deceased were conducted by an NGO namely ‘Jan Kalyan Samiti’. The cause of death as given in the post-mortem report is that the death in the case was due to injuries which were sufficient to cause death in ordinary course of nature. Thus, FIR under Section 302 IPC was registered against unknown persons. On 14.02.2023, the father of the deceased namely Deep Chan

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