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High Court of Punjab and HaryanaCRM-M/3765/2020allowed

Akash Bhardwaj @ Bhuru v. State Of Punjab

2020-02-03Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-3765-2020 Date of decision:3.2.2020 AKASH BHARDWAJ @ BHURU .....Petitioner

Versus

STATE OF PUNJAB .....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Arshit Goel, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of regular bail in case registered vide FIR No.224 dated 1.9.2019 under Section 379-B IPC, registered at Police Station Civil Lines, Patiala.

2.

The allegations, as per FIR are that on 26.8.2019 when the complainant was returning back to his house from Y.P.S. Market, Patiala, then 2 boys came there and one of them held him tightly while other snatched his mobile phone.

3.

Learned counsel for the petitioner submits that he has falsely been implicated in the present case and he is neither named in the FIR nor was arrested at the spot.

GAURAV SOROT 2020.02.03 17:37 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-3765-2020 4.

Learned State counsel has submitted that since 3 mobile phones including the mobile phone of the complainant were recovered from the petitioner, no case for grant of bail is made out.

5.

It has further been informed that the petitioner has been behind bars since last about 5 months and till date not even a single PW out of cited eight PWs has been examined.

6.

Having considered rival submissions addressed before this Court and without commenting upon merits of the case and while keeping in view the aforesaid custody period and that not even a single PW out of cited eight PWs has been examined till date, this Court is of the opinion that further detention of the petitioner will not serve any fruitful purpose as conclusion of trial, in conclusion of trial, in its normal course, is likely to take some time its normal course, is likely to take some time. The . The petition, as such, is accepted and it is ordered that petitioner be released petition, as such, is accepted and it is ordered that petitioner be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned. learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned. ( GURVINDER SINGH GILL) 3.2.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.02.03 17:37 I attest to the accuracy and integrity of this document