High Court of Punjab and HaryanaCRM-M/6585/2022dismissed

Tinku v. State Of Haryana

2023-08-02Mr. Justice Rajbir Sehrawat2 pages

2023:PHHC:099412 CRM-M-6585-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-6585-2022 Date of Decision: 02.08.2023 Tinku ...... Petitioner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Ajit Singh, Advocate, for Mr. Arun Sharma, Advocate, for the petitioner.

Mr. Karan Sharma, Deputy Advocate General, Haryana, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail pending trial in case FIR No.517 dated 05.09.2020 registered under Section 302 of the Indian Penal Code, 1860, (Section 201 IPC was added later on), at Police Station Karnal City, District Karnal.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner has not committed any crime as alleged against him. Even as per the story of the prosecution, there is no material against the petitioner except an alleged CCTV footage. However, that CCTV footage does not show any identity of the petitioner. The petitioner is in custody since 01.11.2020. Hence, the petitioner deserves to be granted concession of bail pending trial. VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:099412 CRM-M-6585-2022 -2On the other hand, learned counsel for the respondent-State, being instructed by ASI Bharat Bhushan, has submitted that there is a direct allegation against the petitioner and the said allegation is substantiated by of video recorded on the CCTV footage. In the said CCTV footage, the petitioner is seen carrying the deceased on his shoulder. Therefore, the petitioner does not deserve any concession of bail pending trial. In view of the seriousness of the offence involved, as well as, the submissions made by the learned counsel for the State, this Court does not find it appropriate to grant concession of bail pending trial to the petitioner. Hence, the present petition is dismissed. (RAJBIR SEHRAWAT) JUDGE 02.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh