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High Court of Punjab and HaryanaCRM-M/6046/2021dismissed

Akshay @ Manu v. State Of Haryana

2022-09-29Mr. Justice Anoop Chitkara2 pages

CRM-M-6046-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6046-2021

Reserved on: 12.09.2022

Date of Pronouncement: 29.09.2022

Akshay @ Manu

...Petitioner (s)

Versus

State of Haryana

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. G.S. Bawa, Advocate for the petitioner(s).

Mr. Rajat Gautam, DAG, Haryana.

Mr. Gaurav Tyagi, Advocate for the complainant.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 29.3.2019 Sanoli, District Panipat 302 IPC 1.

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2.

In paragraph 20 of the bail petition, the accused declares that he has no criminal antecedents.

3.

The petitioner was found involved as per the investigation for committing the murder of Rajbir.

4.

Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 5.

Ld. counsel representing the State opposes bail. The contention of behalf of the complainant is that there is sufficient evidence has come against the petitioner and he ASHWANI KUMAR 2022.10.01 15:41 I attest to the accuracy and integrity of this order/judgment

CRM-M-6046-2021 is not entitled to bail.

REASONING:

6.

A perusal of the bail petition and the documents attached, prima facie points towards the petitioner's involvement and does not make out a case for bail. Any further discussions are likely to prejudice the petitioner; this court refrains from doing so. 7.

Regarding the petitioner's contention that he was a minor at the time of the commission of the offence, no date of the birth certificate has been attached for corroboration.

8. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed. All pending applications, if any, stand disposed. Trial be expedited.

(ANOOP CHITKARA) JUDGE September 29, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.10.01 15:41 I attest to the accuracy and integrity of this order/judgment