Roshni Devi v. State Of Haryana

211-2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.3705 of 2021 Date of Decision : 25.03.2021 Roshni Devi .....Petitioner

Versus

State of Haryana .....Respondent CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Gaurav Sethi, Advocate for the Petitioner.

Mr. Anmol Malik, Dy. Advocate General, Haryana for the Respondent/State.

SUDIP AHLUWALIA, J. (ORAL) The instant Petition has been filed under Section 439 of the Code of Criminal Procedure seeking Regular Bail on behalf of the Petitioner in case FIR No.417, dated 27.06.2019, registered under Sections 302/303/ 212/387/201/120-B/34 of the Indian Penal Code and Sections 25-54-59 of the Arms Act, 1959 at Police Station Sector-7 Faridabad, District Faridabad. 2.

Ld. Counsel for the Petitioner submits that his Client stands on a similar footing with co-accused namely Naveen @ Lamba, who has already been granted Regular Bail by this Court in CRM-M No.33066 of 2020 on 30.10.2020.

3.

The Petitioner has remained in detention for more than one year and eight months since 28.06.2019. Attention of the Court has been drawn to the fact that the Petitioner was not named in the FIR and no other tangible DEEPAK KUMAR 2021.03.25 17:20 I attest to the accuracy and integrity of this document

CRM-M No.3705 of 2021 -2material excepting the Disclosure Statements of co-accused persons in the Police Custody are available to show involvement of the Petitioner in the conspiracy for murder; Ld. State Counsel on specific query of the Court submits that no Call Detail Records showing involvement of the Petitioner in any conversation pertaining to the aforesaid conspiracy could be collected during investigation.

4.

In the circumstances, without commenting any further on the merits of the case against the Petitioner, but considering the long detention undergone by her since 28.06.2019 and the fact that she was admittedly not present at or near the place of occurrence at any material time, at this stage, she is ordered to be released on bail to the satisfaction of the Ld. Trial Court/Duty Magistrate concerned.

5.

Disposed off.

March 25, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.03.25 17:20 I attest to the accuracy and integrity of this document