High Court of Punjab and HaryanaCRM-M/7431/2021allowed

Ashwani Nayyar v. State Of Haryana

2021-02-22Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7431-2021 Decided on : 22.02.2021 Ashwani Nayyar . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Ritesh Pandey, Advocate for the petitioner(s).

Mr. Rajiv Goel, DAG, Punjab assisted by ASI Sunil Kumar.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 1030, dated 12.10.2018, under Sections 420, 419, 467, 468, 471 & 120-B IPC, registered at Police Station Faridabad Central, District Faridabad. Learned counsel for the petitioner contends that the petitioner has been in custody since 17th November, 2020 for offences under Sections 420, 419, 467, 468, 471 & 120-B IPC, which are all triable by Magistrate. He further contends that the petitioner was neither named in the FIR in question nor was he a beneficiary of the sale-deed allegedly executed by the co-accused.

It has been further submitted that in fact the petitioner was nominated as an accused on the basis of an alleged disclosure statement made by Sumer Singh before the investigating agency, wherein, he had stated that Rs.20,000/- had been paid to the petitioner for fabricating the Aadhaar Card. Per contra, learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner. He has, however, not been able to controvert the factual submissions made by the learned counsel for JAWALA RAM 2021.02.

CRM-M-7431-2021 - 2 - the petitioner.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE February 22, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.02.22 16:38 I attest to the accuracy and authenticity of this document Chandigarh