Naan @ Vinod Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 205-A CRM-M-16754-2021 Decided on : 16.06.2021 Naan @ Vinod Kumar . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Yashdeep Nain, Advocate for the petitioner(s).

Mr. Deepak Bhardwaj, DAG, Haryana.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 13, dated 30.01.2021, registered under Sections 3(1)(x) and 3(i)(xiv) of the SC & ST (Prevention of Atrocities) Act, 1989 and under Sections 147, 149, 323 & 506 of IPC, lodged at Police Station Raipur Rani, District Panchkula. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case in hand on account of inimical relations between his employer and the complainant party.

He further contends that just to add gravity to crime allegedly committed, offences under Sections 3(1)(x) and 3(i)(xiv) of the SC & ST Act, have been added in the FIR in question by alleging that the petitioner had passed the casteist remarks against the complainant party. Learned counsel further contends that it is a case of version and cross-version, wherein, both the parties had received injuries. In support of his contention, learned counsel has invited the attention of this Court towards Annexure P-3, which is copy of MLR of accused party dated 29.01.2021, wherein, the injuries received by them in the alleged occurrence clearly stands reflected. Learned counsel for the petitioner further contends that no injury has been attributed to the petitioner, the only role attributed to him is JAWALA RAM 2021.06.

CRM-M-16754-2021 - 2 - throwing stones and using casteist remarks against the complainant party. Hence, a prayer has therefore been made to extend the concession of bail to the petitioner, as the trial is unlikely to conclude in the near future and he has already been in custody for almost 04 months. Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ACP-Satish Kumar has not been able to controvert role attributed to the petitioner. He has further submitted that the challan has been presented and the charges are likely to be framed in the near future. Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner has been in custody since 22.02.2021, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE June 16, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.06.16 17:41 I attest to the accuracy and integrity of this document