The presumption of innocence and the right to a speedy trial are crucial in determining bail, especially when evidence is lacking and custody has been prolonged.

SANDEEP MOUDGIL, J (ORAL)

CRM-27754-2024

This application has been filed for correction of the typographical error in the petition to substitute Section 302 IPC with Section 307 IPC, 1860.

Notice of the application.

Learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and submits that he has no objection if the application is allowed.

In view of the reasons mentioned in the application and no objection by the State Counsel, the application is allowed and it is directed that in the petition Section 302 IPC be read as Section 307 IPC.

CRM-27755-2024

This application has been filed for placing on record copy of the Statement of the accused as Annexure P-4 and P-5.

For the reasons recorded in the application, the same is allowed and Statement of the accused is taken on record as Annexure P-4 and P-5.

1. Relief Sought

The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in case FIR No. 0094, dated 16.03.2024, under Sections 307/34/506 IPC, 1860 and Sections 25 and 29 of Arms Act registered at Police Station Bhalgarh, District Sonipat.

2. Prosecution story set up in the present case as per the version in the FIR read as under :-

‘I am a resident of Sonipat and Mohan Virendra, a resident of village Gumad, works at Pehal Nutrition's shop in Bahalgarh. Ajay, Sumit and Ravindra also work with me. A few days ago, Vikrant of village Basaudi, whom I already know, took supplements from our shop. After that, one day Vikrant came to the shop again and said that the supplements were sold at a higher price. There was an altercation over this matter. And Vikrant left after being explained. Today, on 16.03.24, Vikrant came to the shop at around 6.15 PM and asked Ajay about me and Mohan inside the shop. Ajay told him that Mohan has gone out and Rohit is standing outside. Seeing me standing outside, Vikrant fired directly at me from inside with the intention of killing me with the pistol in his hand. The bullet hit the glass of the shop and I narrowly escaped. Then Vikrant came out and tried to shoot at me but the bullet did not fire. So Vikrant said that today I have been saved but in future I will kill you. And in future I will teach you a lesson for giving me more expensive supplements. Then he sat on his friend's bike which was standing outside and fled towards Rai. I request you to take legal action against Vikrant and his friend. SD ROHIT-9992920816 Dated 16.03.2024 Action Police-Today on 16.03.2024, information was received at Bajaria Telephone Police Station from Police Control Room Sonipat that a shot has been fired at Pehal Nutrition Bahalgarh Chowk. An investigator should be sent for action, on which information I, ASI along with HC Shivaom 2130/SPT, Si. Mehtab No. 769/SPT along with government vehicle whose driver Manish/Kaushal has reached the shop of Pehal Nutrition at Bahalgarh Chowk for action regarding employment. Where Rohit above mentioned himself presented the above written application to the ASI, which on seeing the compulsion of the application and considering the spot, was found to be a crime under section 307.34 IPC and 25-54-59 A.ACT, after writing a written complaint, a regular case was registered against him under Si Mehtab No. 769/SPT, after informing the police station with the registered case number. FSL team should be sent to the spot and SHO saliab should be informed about the situation. And a special report of the case should be sent to the officers. I have the opportunity for investigation by the ASI. Today, first Nutrition Bahalgarh Chowk SD SURJEET SINGH ASI Thana Bahalgarh Date-16.03.2024 AT-07.15 PM Today, on arrival at Thana, FIR No. 94 dated 16.03.2024 Section 307,34 IPC and 25-54-59 A.ACT IPC Thana Bahalgarh registered. After filing the case, special report of this case is being sent to Bajaria email officer Bala and email ID of area magistrate sahab and will also be sent to Bajaria post. Copy of Misal Police