Rithik Mishra v. State Of Haryana

CRM-M-5626-2023 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-5626-2023 Decided on:-08.02.2023 Rithik Mishra ....Petitioner..

vs.

State of Haryana ....Respondent.

CORAM:

HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Ashu Kaushik, Advocate, for the petitioner.

Mr. Sumit Jain, Additional Advocate General, Haryana. ***** HARKESH MANUJA J. (Oral) By way of present petition filed under Section 439 Cr.P.C., the petitioner prays for grant of regular bail in case FIR No.0154 dated 15.03.2022, under Section 379-A IPC, registered at Police Station Baldev Nagar, Ambala City, District Ambala.

Learned counsel for the petitioner submits that the petitioner is a young boy of 20 years of age and is in custody since 07.06.2022. He further submits that the investigation already stands concluded, challan filed and even charges have been framed, however, out of total of 10 witnesees cited by the prosecution, none has been examined and thus, prays for concession of regular bail.

On the other hand, prayer made in the present petition has been vehemently opposed at the instance of learned State counsel. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the SONIKA 2023.02.08 17:39 I attest to the accuracy and authenticity of this document

CRM-M-5626-2023 --2-- petitioner.

In the present case, petitioner happens to be a young boy of 22 years of age, who is behind the bars for the past 8 months now and there is no other case pending against him. As such, considering the fact that investigation already stands concluded, challan filed, charges have been framed and out of total of 10 witnesses as cited by the prosecution, none has been examined so far as well as the fact that the trial is likely to take some time, no useful purpose is going to be served by extending the incarceration of the petitioner.

In view of the above, without commenting anything on the merits, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate.

08.02.2023 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/ No SONIKA 2023.02.08 17:39 I attest to the accuracy and authenticity of this document