Rahul v. State Of Haryana

CRM-M-12684 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-12684 of 2015 (O&M) Date of Decision : 21.05.2015 Rahul .....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Gautam Dutt, Advocate for the petitioner.

Ms. Dimple Jain, AAG, Haryana.

R.P. Nagrath, J. (Oral) CRM No. 17015 of 2015 Application is allowed as prayed for and copy of challan dated 07.01.2015 (Annexure P-3) is taken on record. CRM-M-12684 of 2015 Petitioner seeks bail under Section 439 Cr.P.C. in FIR No. 283 dated 07.10.2014 for offences under Sections 148, 149, 323, 324, 325, 326, 302, 303 and 120-B of Indian Penal Code (IPC), registered at Police Station Bhondsi, District Gurgaon. Learned counsel for the petitioner submits that name of the petitioner was not mentioned in the FIR and his name came in the disclosure statement made by Mohit co-accused after one month of the incident.

Learned State counsel submits that as per the prosecution version the petitioner was standing in the garden near the gate of barrack in which the incident took place and he can be JITENDER KUMAR 2015.05.21 17:09 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-12684 of 2015 -2seen from the CCTV footage to be standing in the garden. The other case in which the petitioner was a jail inmate, he has been acquitted as submitted by learned counsel for the petitioner.

The petitioner is in custody since 05.11.2011 and it will take time in conclusion of the trial.

In view of the above and without commenting on the merits of the case, the instant petition is allowed and the petitioner be admitted to bail on furnishing bail bonds to the satisfaction of the trial Court.

May 21, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.21 17:09 I attest to the accuracy and authenticity of this document Chandigarh