Anuj Alias Joni v. State Of Haryana

CRM-M-792-2020 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-792-2020 Date of Decision: 15.01.2020 Anuj @ Joni .... Petitioner

Versus

State of Haryana .... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Raghav Sharma, Advocate for the petitioner. Mr. Chetan Sharma, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C., petitionerAnuj @ Joni, has prayed for grant of regular bail in case FIR No. 0891 dated 23.10.2019 registered under Sections 148, 149, 186, 307, 332, 353 and 506 IPC (challan presented under Sections 186, 326, 332, 353 and 506 read with Section 34 IPC) and Section 25 of the Arms Act at Police Station Karnal City, Karnal.

According to prosecution, in the morning of 23.10.2019, a checking team of Haryana Roadways, intercepted Harayana Roadways bus bearing registration No. HR-45-B-7848, for checking of passengers without ticket. During the course of checking, five young boys were suspected without tickets, out of whom three fled away from the back door of the bus. On questioning remaining two young boys, out of whom, one was the petitioner, the other three boys who earlier fled away RISHU KATARIA 2020.01.16 18:29 I attest to the accuracy and integrity of this document

CRM-M-792-2020 -2came back and made an attempt to take away the remaining two boys. During this process, petitioner inflicted a knife blow to Sub InspectorIshwar, pointing out at his chest, which finally landed on his right shoulder and on medical examination was declared grievous in nature. Learned counsel inter alia contends that petitioner is in custody since 01.11.2019. Conclusion of trial may take a long time. No useful purpose would be served by detaining him in jail. Nothing has to be recovered from him. Co-accused of the petitioner, namely; Sagar, has already been enlarged on bail vide order dated 17.12.2019 (Annexure P-2) of the learned Additional Sessions Judge, Karnal. Thus, treating the case of the petitioner on the same parity as that of his coaccused, he may be released on bail.

On the other hand, learned State counsel vehemently opposed the submissions of learned counsel for the petitioner. Considering overall facts and circumstances, but without expressing any opinion on the merits of case and treating the case of petitioner on the same parity as that of his co-accused, the petition is allowed. Consequently, petitioner-Anuj @ Joni, is ordered to be released on bail pending trial, if, not required in any other case, on his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.

January 15, 2020 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2020.01.16 18:29 I attest to the accuracy and integrity of this document