JUDGMENT :

Kuldeep Tiwari. J. (Oral)

1. Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No. 07, dated 01.01.2023, under Section(s) 302, 201 and 120-B and 34 of the IPC, registered at Police Station Industrial Sector-29, Panipat.

2. Learned Senior counsel for the petitioner submits that this is a second regular bail application, earlier one having been dismissed as withdrawn vide order dated 04.04.2024 (Annexure P-3), with a liberty to re-access this Court, in case there is an inordinate delay in disposal of the trial.

3. He submits that till date only the examination-in-chief of only 01 prosecution witness, has completed, and thereupon, the prosecution has preferred an application under the provisions of Section 319 of the Cr.P.C. for summoning one another person, i.e. Sibba, as co-accused (wife of the deceased). Therefore, the trial has not even moved an inch after the dismissal of the earlier bail application.

ALLEGATIONS AGAINST THE PRESENT PETITIONER

4. In the instant FIR, three persons were arraigned as accused, whereas Sibba (wife of the deceased-Wasim), was declared innocent during investigation. The present petitioner is one of them, who was arrested way back on 07.01.2023.

5. Initially, the FIR was registered regarding the missing of deceased-Wasim, on the statement made by one Kallan, brother of the deceased, to the effect that his brother is missing since 31.12.2022. Thereupon, after three days of lodging of missing complaint, he filed another complaint raising suspicion over one Sufi Dilshad, to be the person, who committed the murder of his brother-Waism. The contents of the complaint is extracted hereinafter:-

"It is requested that I Kallan s/o Ikram R/o Mohalla Imam Sahab, Jattal Road, Panipat. On 31.12.2022, my real brother Wasim was called by the Sufi Dilshad S/o Rafiq R/o Kandhla at present at Khel Mohalla Kairana district Shamli, U.P., after that my brother did not return back home, on dt. 01.01.2023, I got registered a FIR about missing of my brother but my brother has not returned back till now. When, we inquired from Sufi Dilshad about my brother then he could not give a satisfactory answer. That I have suspicion that Sufi Dilshad along-with his companions has committed the murder of my brother. That a picture has been received on my brother's mobile from Wasim's phone and in that picture, about the committing of murder is written. It is requested that legal action be taken against the Sufi Dilshad. That on 31.12.2022, while searching for my brother in Kairana, we saw different footages and in those footages my brother Wasim can be seen going with Sufi Dilshad. SD Kallan."

6. Thereafter, the investigation was carried out, and Sufi Dilshad the main accused, was arrested on 06.01.2023. During the course of investigation, Sufi Dilshad, got recovered spade (weapon of offence) and one rope, and got demarcated the place of occurrence, and got recovered the dead body of the deceased-Waism. On 07.01.2023, the present petitioner was arrested upon a disclosure statement suffered by the main accused-Sufi Dilshad. The present petitioner also during the course of investigation, got recovered one motorcycle, which is alleged to be registered in the name of brother of the petitioner.

7. What comes out from a perusal of the entire record, as well as the status report filed by the respondent-State, is that Sufi Dilshad was having illicit relationship with Sibba (wife of the deceased-Wasim), and in order to eliminate her husband (deceased-Wasim), all the accused persons hatched a criminal conspiracy and committed murder of the deceased- Wasim.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER(S)

8. The learned senior counsel for the petitioner submits that the instant case is based upon circumstantial evidence. All the incriminating evidence, which as per the prosecution completes the chain of circumstance, are attributed to the co-accused-Aas Mohamma