Ashok v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 4778 of 2022 Date of Decision: 10.03.2022 Ashok .......... Petitioner

Versus

State of Haryana .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Sandeep Yadav, Advocate, for the petitioner.

Mr. Tanuj Sharma, Assistant Advocate General, Haryana (Through Video Conferencing) **** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition under Section 439 Cr.P.C., seeks grant of regular bail in case FIR No. 285 of 06.11.2021, which was registered against him, at Police Station Civil Line, Rohtak, constituting therein offences under Sections 285, 386, 452, 506, 34, 120-B, 201 of the IPC, and, under Section 25 of the Arms Act.

2.

The bail applicant-petitioner is stated to be suffering judicial incarceration since 24.12.2021.

3.

The learned State Counsel, on instructions, meted to him, by ASI Rampal, Investigating Officer (IO), submits that after completion of investigations in the FIR (supra), a report under Section 173 of the Cr.P.C. has been filed, before the learned Magistrate concerned. He also submits that all the relevant recoveries have been effected at the instance of the bail applicant / petitioner, and, that no further cooperation of the bail applicant / petitioner, is required, in the relevant investigations. 4.

Bearing in mind the afore, and, also bearing in mind the fact, that DINESH KUMAR 2022.03.10 18:13 I attest to the accuracy and authenticity of this document the bail applicant is suffering judicial incarceration since 24.12.2021,

CRM-M No. 4778 of 2022 -2therefore, it is not deemed fit to order for any prolongation of the judicial incarceration of the petitioner. Contrarily, it is deemed appropriate to admit to bail, the bail petitioner.

5.

Therefore, the instant petition is allowed, and, the petitioner-bail applicant is ordered to be released from judicial custody. However, the granting of bail to the bail applicant-petitioner, is subject to his furnishing personal and surety bonds in the sum of `50,000/- each, before the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned, and, also subject to his not tampering with prosecution evidence, and, his not influencing prosecution witnesses, and, besides also his appearing before the trial Court concerned, as and when directed to make his personal appearance, unless exempted for valid reasons.

6.

However, in case the bail applicant-petitioner, abuses the facility of bail, granted to him by this Court, thereupon the investigating officer concerned shall make a motion before this Court, for cancelling the facility of bail, as is granted to the petitioner, through the order made today by this Court.

March 10, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.03.10 18:13 I attest to the accuracy and authenticity of this document