Rajat @ Golu v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-4312-2022 (O&M) Date of Decision: 29.08.2022 RAJAT @ GOLU

...Petitioner

Versus

STATE OF HARYANA ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Shivam Grover, Advocate for the petitioner.

Mr. Gagandeep Singh Chhina, AAG Haryana.

Mr. GS Sullar, Advocate and Ms. Devaki Anand Sullar, Advocate for the complainant.

**** HARNARESH SINGH GILL, J.(Oral) Through this petition, the petitioner seeks regular bail in case bearing FIR No.33 dated 24.02.2021, registered under Sections 120B, 148, 149, 302 and 323 IPC and Section 25 of the Arms Act, at Police Station Jathlana, District Yamuna Nagar.

Learned counsel for the petitioner submits that the petitioner has falsely been involved in the present case; that the petitioner was not been named in the FIR; that the petitioner has been indicted in the present case on the basis of the disclosure statement of co-accused, namely, Rajesh Kumar @ Banta and that the petitioner has been in custody since 01.03.2021. He further submits that out of total 27 prosecution witnesses, only two have been examined so far.

AMAN JAIN 2022.09.02 14:52 I attest to the accuracy and authenticity of this order/judgment

CRM-M-4312-2022 (O&M) -2Per contra, learned State counsel and the learned counsel for the complainant, while opposing the prayer for grant of regular bail to the petitioner, do not dispute the custody period of the petitioner. They, however, submit that a specific role has been attributed to the petitioner, inasmuch as, he gave a wooden binda and fist and leg blows on the person of Ankit (since deceased) and that a grey colour scooty, used in the commission of the crime, was recovered from him. I have heard the learned counsel for the parties. As noticed above, the petitioner along with other co-accused were present at the spot and a specific role has been attributed to the petitioner. The scooty was recovered at the instance of the petitioner. Though on the basis of the disclosure statement of the co-accused, the petitioner is indicted in the present case, yet keeping in view the seriousness and gravity of the offence, the petitioner is not entitled for grant of regular bail.

In view of the above, no ground is made out to grant the concession of regular bail to the petitioner. Dismissed.

29.08.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2022.09.02 14:52 I attest to the accuracy and authenticity of this order/judgment