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CRM No.29763 of 2024 Prayer in this application is for condonation of delay of 630 days in the filing the appeal.

Heard.

For the reasons stated in the application, the same is allowed and delay of 630 days in filing the appeal is condoned.

1. Reply by way of affidavit of Mukesh Kumar, Assistant Commissioner of Police, Rai, Sonepat, on behalf of respondent - State is taken on record.

2. Prayer in the instant appeal filed by the appellant is for setting-aside the order dated 04.08.2022, passed by learned Additional Sessions Judge, Sonepat and to release him on bail in case FIR No.605 1 of 9 Neutral Citation No:=2024:PHHC:151196 dated 15.10.2021 registered under Sections 302, 34 IPC at Police Station Kundli, District Sonepat, in which Sections 201, 148, 149, 109, 114 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been added during investigation and challan has been filed under Sections 109, 114, 148, 149, 201, 302 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, during the pendency of trial.

8. Reply by way of affidavit of Mukesh Kumar, Assistant Commissioner of Police, Rai, Sonepat, is on record, according to which, the role attributed to the appellant is as follows:-

"XX XX XX XX

8. That there is sufficient evidence in the present case to establish the complicity of present petitioner/accused with the crime in question. Petitioner is involved in a brutal murder of the person, who belonged to SC/ST Community. It was the petitioner/accused who alongwith Govindpreet Singh had apprehended the deceased with the "Garanth Sahib" and on the pretext of disregard of the same, petitioner alongwith co-accused took the deceased with them, removed his clothes and took him to co-accused Aman Singh, where other persons and Nihangs were also present and petitioner with Govindpreet Singh narrated the entire incident of disregard of "Garanth Sahib" by 6 of 9 Neutral Citation No:=2024:PHHC:151196 deceased to Baba Aman Singh, upon which co-accused Aman Singh sent one Nihang to call Sarabjit Singh and in the meantime, petitioner alongwith other Nihangs inflicted injuries to the deceased. Thereafter, Sarabjit Singh chopped off hand of deceased with sword. Thereafter the deceased was taken to stage of Kisan Agitation and petitioner took the chopped off hand of deceased to that place, where he alongwith others hanged the deceased having head downwards and legs upwards and caused injuries to him. Petitioner can also be seen while taking the hand of deceased in his hands in the footage. Thereafter, co-accused Narain Singh chopped off the right leg of the deceased with his sword and thereafter, deceased was tied/hanged with the police barricade. All these facts have also been admitted by petitioner in his disclosure statement, pursuant to which, he got recovered his blood stained clothes and also got demarcated the places of occurrence. In this manner, there is sufficient evidence against the petitioner to connect him with the crime in question. The case is pending for prosecution evidence and if enlarged on bail, petitioner can tamper with the prosecution evidence by influencing and intimidating the witnesses and he can also hamper the trial by absconding from the process of law. As such, merely on the basis of longevity of incarceration, petitioner cannot seek the concession of bail as a matter of right. Thus, keeping in view the seriousness of offence and facts and circumstances of the case, he is not entitled to the relief of bail as claimed for.

11. Keeping in view the above facts and circumstances, considering the fact that the appellant actively participated in the alleged commission of offence, no ground for setting-aside the order dated 04.08.2022, passed by learned Additional Sessions Judge, Sonepat and to exercise the discretionary relief, for grant of bail to the appellant is made out.

12. Dismissed.

13. Any observation made hereinabove shall not to be construed as an expression of opinion on the merits of the case.