Amit Kumar v. State Of Haryana



IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
  (O&M) Date of decision: 22.03.2022 Amit Kumar

...Petitioner

Versus

State of Haryana

...Respondent

     
     




      

      

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    Application is allowed as prayed for. Annexures P-5 to P-8 are taken on record.

Main case:

 etitioner has filed this second petition under Section 439 of Cr.P.C. for grant of regular bail in case FIR No. 288 dated 13.07.2019, registered under Sections 395, 397, 34 IPC and Section 25 of the Arms Act, 1959, Sections 325, 201, and 120-B IPC were added later on) at Police Station Chandhut, District Palwal, the first one having been dismissed as withdrawn on 27.10.2021.

Learned counsel for the petitioner submits that the FIR was


 lodge on the statement of Baldev; that the petitioner has falsely been implicated in the present case; that the petitiioner was indicted on the disclosure statement of the co-accused; that post the dismissal of the earlier bail petition, complainant-Baldev and eye witness, Rohan@Sohan, were examined before the learned trial Court as PW-3 and PW-4 and they have been declared hostile; that co-accused, Sonu and Vikash @ Kala Gujjar have been enlarged on bail; that the petitioner has been in custody since 08.04.2020.

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The petitioner has been in custody since 08.04.2020. Two material witnesses have already been declared hostile and moreover, two coaccused have already been enlarged on regular bail. The remaining prosecution witnesses are yet to be examined. Therefore, the conclusion of the trial would take time. Hence, no useful purpose would be served by keeping the petitioner behind the bars.

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