The court granted bail based on prolonged detention and insufficient evidence, emphasizing that further incarceration would not serve a useful purpose.

GURVINDER SINGH GILL, J. (Oral)

The petitioner seeks grant of regular bail in respect of aforementioned Shailender State of Haryana CORAM: Present: FIR No. 76 GURVINDER SINGH GILL, J.

1. The petitioner seeks grant of FIR.

2. The FIR in question case of prosecution that a dead body was recovered lying in a plastic bag in question was lodged at the instance of case of prosecution that a dead body was recovered lying in a plastic bag was lodged at the instance of Anita Devi. It is the case of prosecution that a dead body was recovered lying in a plastic bag in the bushes on 09.04.2022, which was later on identified by the Anita Devi. It is the case of prosecution that a dead body was recovered lying in a plastic bag by the ). The complainant alleged law Sachidanand due to enmity and had thrown away his dead body. It is further the case of prosecution that subsequently on 17.04.2022, Anita Devi made a in the bushes on 09.04.2022, which was later on identified complainant to be of her brother-in-law ( that some unknown persons had killed her brother law ( Jeth ). The complainant alleged that some unknown persons had killed her brother-in-law Sachidanand due to enmity and had thrown away his dead body. It is further the case of prosecution that subsequently on 17.04.2022, Anita Devi made a statement casting suspicion on Rajesh, Rakesh and Shailender due to enmity and had thrown away his dead body. It is further the case of prosecution that subsequently on 17.04.2022, Anita Devi made a in the bushes on 09.04.2022, which was later on identified complainant to be of her brother that some unknown persons had killed her brother due to enmity and had thrown away his dead body. It is further the case of prosecution that subsequently on 17.04.2022, Anita Devi made a statement casting suspicion on Rajesh, Rakesh and Sha statement casting suspicion on Rajesh, Rakesh and Sha lender 1 25902-2024 (O&M) (petitioner) (petitioner). Rajesh was arrested on 03.05.2022. It i . Rajesh was arrested on 03.05.2022. It is further the case of s further the case of prosecution that Rajesh admitted the guilt of having killed the deceased prosecution that Rajesh admitted the guilt of having killed the deceased accused Rakesh and Shailender.

Learned counsel for the petitioner submitted that he has falsely been and that there is no evidence worth he has falsely been and that there is no evidence worth credence to connect him with the alleged occurrence.

Opposing the petition, learned State counsel submitted that though the petitioner is not named in the FIR, but having regard to the though the petitioner is not named in the FIR, but having regard to the - accused Rajesh in his disclosure statement had also nominated the petitioner, his complicity is clearly evident. Learned State counsel has not disputed that the case is based on circumstantial evidence, but prosecution that Rajesh admitted the guilt of having killed the deceased with the help of co-accused Rakesh and Sha Learned counsel for the petitioner submitted that implicated in the present case and that there is no evidence worth credence to connect him with the alleged occurrence.

Opposing the petition, learned State counsel submitted that petitioner is not named in the FIR, but having regard to the supplementary statement of the complainant and also the fact that co accused Rajesh in his disclosure statement had also nominated the petitioner, his complicity is clearly evident. Learned State counsel has not disputed that the case is based on circumstantial evidence, but submitted that during the course of investigation, the police has been able to collect ‘last seen’ evidence and also evidence to the effect that a jute bag, which had been given by the landlord of the accused to the accused, complainant and also the fact that co- accused Rajesh in his disclosure statement had also nominated the petitioner, his complicity is clearly evident. Learned St