High Court of Punjab and HaryanaCRM-M/1812/2021allowed

Ajay v. State Of Haryana

2021-01-19Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1812-2021 Decided on : 19.01.2021 Ajay . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Nirmal Singh, Advocate for the petitioner(s).

Mr. Rajiv Goel, DAG, Haryana assisted by ASI Ranbir Singh.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 264, dated 27.10.2020, under Section 365 IPC (Sections 148, 149, 323 IPC added later on), registered at Police Station Chhapar, District Yamuna Nagar. Learned counsel appearing for the petitioner contends that the petitioner was neither named in the FIR in question nor has there any specific attribution qua him in the alleged crime. It has been submitted that the petitioner has been in custody since 30th October, 2020 and only challan has been presented till date. Hence, there is no likelihood of the trial concluding any time in the near future.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI Ranbir Singh, has submitted that no doubt, petitioner was not named in the FIR, but he was one of the unidentified boys, who had accompanied the main accused Preet at the time when the victim, who is the husband of the complainant was JAWALA RAM 2021.01.19 17:03 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-1812-2021 - 2 - kidnapped by the other accused.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE January 19, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.01.19 17:03 I attest to the accuracy and authenticity of this document Chandigarh