Sanjay v. State Of Haryana

   

  

 

  
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! "#       $$$$  % & Petitioner-Sanjay has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.326, dated 19.09.2016, registered at Police Station Sadar Gohana, District Sonepat, under Sections 148, 149, 450, 307 and 506 of Indian Penal Code and Section 25 of Arms Act, 1959.

Notice of motion has been issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record. From the record, I find that as per the prosecution version, the FIR in the present case was registered on the complaint of Vijay Kumar, wherein he stated that on the intervening night of 18/19.09.2016, at about 1:00 A.M (night), present petitioner along with 3/4 companions entered his house by scaling the wall. They were armed with weapons. Petitioner fired a shot on him with an intention to kill which hit a pipe affixed near the door. Rajesh Kumar 2017.05.12 11:10 I attest to the accuracy and authenticity of this document Chandigarh

  
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 From the above, it is clear that it is a case of no injury. The petitioner has been in custody since 26.09.2016. He is not required for any investigation or interrogation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case. Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bonds in the sum of Rs.50,000/- each with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.   % !

     

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%    )* + Rajesh Kumar 2017.05.12 11:10 I attest to the accuracy and authenticity of this document Chandigarh