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High Court of Punjab and HaryanaCRM-M/17887/2021allowed

Imran @ Ibran v. State Of Haryana

2021-05-19Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17887-2021 Decided on : 19.05.2021 Imran @ Ibran . . . Petitioner(s)

Versus

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

Ms. Tanushree Gupta, DAG, Haryana assisted by HC Suraj.

**** 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. 155, dated 16.05.2020, registered under Sections 3/13(1), 8/13(3) of the Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015 (for brevity, 'the Act') (charges framed under Sections 3-13(1), 8-13(3) of the Act), lodged at Police Station Punhana, District Nuh.

Learned counsel for the petitioner submits that a false case has been foisted upon the petitioner, which is evident from the fact that he was not even arrested from the spot. He further submits that there was a secret information wherein three persons including the petitioner were named, however, subsequently, one person was declared innocent. He further submits that the petitioner is not a man of criminal antecedents, inasmuch as, he is not involved in any other case of similar nature. Therefore, he may be extended the concession of regular bail.

JAWALA RAM 2021.05.19 16:07 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-17887-2021 - 2 - Per contra, learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner. She has, however, conceded that the petitioner is not involved in any other case of similar nature. She has further submitted that the charges have been framed and the prosecution evidence is due to commence 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 16.12.2020, 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 May 19, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.05.19 16:07 I attest to the accuracy and authenticity of this document Chandigarh