← Library
High Court of Punjab and HaryanaCRM-M/14224/2021allowed

Bhagat Singh @ Bhagate v. State Of Haryana

2021-09-29Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-14224-2021 (O&M) Date of Decision:- 29.9.2021 Bhagat Singh @ Bhagate ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rakesh Nehra, Advocate, for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted SI Vijay Pal.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in a case registered vide FIR No.196, dated 4.9.2020, Police Station Badli, District Jhajjar, under Sections 302, 506, 34 IPC and Section 25 of Arms Act (Section 120-B IPC added later on). 2.

The FIR was lodged at the instance of Jai Bhagwan wherein it is alleged that on 4.9.2020, his son Tilak Raj @ Nanha was fired at by MOHAN SINGH 2021.09.30 10:26 I attest to the accuracy and integrity of this document

CRM-M-14224-2021 (O&M) - 2 - petitioner-Bhagat Singh @ Bhagate and Jagat Singh @ Jagate, on account of which he lost his life.

3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the instant case and that when the complainant Jai Bhagwan was examined by the trial Court on 23.9.2021, he has virtually given a clean chit and did not identify the petitioner to be the assailant.

4.

The aforestated position could not be disputed by learned State counsel who has also informed that the petitioner as on date has been behind bars since the last about 1 year and that he is not involved in any other case.

5.

In view of the aforestated position wherein the complainant is stated to have resiled and the petitioner otherwise has been behind bars since the last about 1 year, further detention of the petitioner will not be justified. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 29.9.2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.09.30 10:26 I attest to the accuracy and integrity of this document