Ravi v. State Of Haryana

Through video conference

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-9941-2022 (O&M).

Decided on: March 14, 2022.

Ravi and another .. Petitioners

VERSUS

State of Haryana .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Kulwant Singh Dhanora, Advocate, for the petitioners.

Mr.Ranvir Singh Arya, Addl. A.G. Haryana.

JASGURPREET SINGH PURI, J. (ORAL) The present petition has been filed under Section 439 of the Code of Criminal Procedure, seeking regular bail in FIR No.120 dated 16.6.2021, under Sections 364-A, 201 and 120-B IPC, registered at Police Station Babain, District Kurukshetra.

Learned counsel for the petitioners has submitted that both the petitioners are in custody since 15.6.2021 and in the present case, the complainant Dhirender Kumar and his nephew Ritesh who, as per the FIR, were allegedly kidnapped, have already been examined as prosecution

witness before the learned trial Court. He submitted that aforesaid complainant Dhirender Kumar who had given a complaint to the police and other person namely Ritesh, have stated before the learned trial Court that present petitioners were not involved in the present case and therefore, they have been declared hostile. He submitted that two co-accused namely Salita Devi and Dheeraj Kumar have been granted bail by this Court vide order dated 2.3.2022 in passed in CRM-M-7819-2022 and the petitioners are on parity with the aforesaid two accused.

On the other hand, learned State counsel has submitted that it is correct that both the petitioners are in custody since 15.6.2021 and other two co-accused namely Salita Devi and Dheeraj Kumar, who are on parity with the present petitioners, have been granted bail by this Court. I have heard the learned counsel for the parties. Both the petitioners are in custody since 15.6.2021 and other two co-accused namely Salita Devi and Dheeraj Kumar, who are on parity with the present petitioners have been granted bail by this Court as stated aforesaid. The complainant as well as another person who were kidnapped have been examined before the learned trial Court as prosecution witnesses. Complainant Dhirender Kumar who had given a complaint to the police and other person namely Ritesh, who were allegedly kidnapped have stated before the learned trial Court that present petitioners were not involved in the present case and therefore, they have been declared hostile Therefore, considering the facts and circumstances of the present case, this Court deems it fit and proper to grant regular bail to

the petitioners. Accordingly, the present petition is allowed. It is ordered that the petitioners shall be released on bail on furnishing bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate concerned. However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant only for the purpose of decision of present petition. March 14, 2022. (JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No