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High Court of Punjab and HaryanaCRM-M/11751/2023allowed

Ajay v. State Of Haryana

2023-06-02Mr. Justice Ashok Kumar Verma2 pages

CRM-M-11751-2023 -12023:PHHC:081105

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

241-A CRM-M-11751-2023 Date of Decision: 02.06.2023 Ajay .... Petitioner

Versus

State of Haryana .... Respondent CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Vikas Bishnoi, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG, Haryana.

ASHOK KUMAR VERMA, J. (ORAL) Custody certificate dated 22.05.2023, filed by learned counsel for the State is taken on record.

The petitioner has filed the present petition under Section 439 Cr.P.C., for grant of regular bail in case FIR No. 512 dated 23.09.2022 registered under Sections 323, 341 and 379-B read with Section 34 IPC (Section 325 IPC was added later on) at Police Station Narnaund, Hisar.

According to the prosecution story, the petitioner along with his co-accused-Sunil Kumar @ Sunny, Karambir @ Kalu and one son of Randhir Nayak, had stopped complainant-Rajiv Kumar, near bus stand Jind Road, village Rakhi Shahpur at about 10:20 P.M. They snatched Rs.2000/- and one Samsung mobile phone from the complainant and also caused injuries to him.

Learned counsel, inter alia, contends that the petitioner has RISHU KATARIA 2023.06.02 17:44 I attest to the accuracy and authenticity of this order/judgment

CRM-M-11751-2023 -22023:PHHC:081105 falsely been implicated in the present case. Nothing has been recovered from the petitioner. He is not involved in any other case. Learned counsel for the petitioner further contends that the complainant as well as other prosecution witnesses already recorded by the trial Court have been declared hostile as they have not supported the prosecution story. Petitioner is in custody since 08.11.2022. The trial is likely to take long time. No useful purpose will be served by further detention of the petitioner in custody. Thus, it is prayed that the petitioner may be released on regular bail.

On the other hand learned State counsel has opposed the present petition. However, he fairly conceded the fact that the petitioner is not involved in any other case.

Keeping in view the facts and circumstances of the case, period of custody and also the fact that the complainant as well as other prosecution witnesses already recorded by the trial Court have been declared hostile as they have not supported the prosecution story, but without commenting anything on merits of the case, the present petition is allowed.

Petitioner-Ajay, is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. June 02, 2023 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2023.06.02 17:44 I attest to the accuracy and authenticity of this order/judgment