Yogesh @ Bachhi v. State Of Haryana

CRM-M-30230-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-30230 of 2017 (O&M) Date of Decision: November 17, 2017.

Yogesh @ Bachhi ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sanjay Vashisth, Advocate for the petitioner (s).

Mr. Ashish Yadav, Addl. AG, Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.82 dated 15.03.2016 registered for the offence punishable under Section 379-B of Indian Penal Code at Police Station Dharuhera, District Rewari. Heard.

Learned counsel for the petitioner submits that in four cases registered against the petitioner he has been allowed bail and produced copies of the orders passed in those cases. In the present case, he was formally arrested on 12.07.2017.

Learned State counsel submits that as per allegations of the petitioner, the car of complainant was snatched by four young boys. The car was recovered by U.P. Police on the disclosure statement of petitioner, who Jyoti 2017.11.18 12:01 I attest to the accuracy and authenticity of this document

CRM-M-30230-2017 -2was arrested on 29.09.2016.

The identity of the petitioner as accused in this case is to be seen by the trial Court during the trial of the case. The only evidence against him is the recovery of snatched vehicle.

Keeping in view the above facts but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Yogesh @ Bachhi is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) November 17, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.11.18 12:01 I attest to the accuracy and authenticity of this document