High Court of Punjab and HaryanaCRM-M/17542/2020allowed

Gulshan @Gullu v. State Of Haryana

2020-07-22Mr. Justice Ramendra Jain2 pages

CRM-M-17542-2020 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-17542-2020 Date of Decision: 22.07.2020 Gulshan @ Gullu .... Petitioner

Versus

State of Haryana .... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Kamal Chaudhary, Advocate for the petitioner. Mr. Sumit Jain, Addl. AG, Haryana.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C., petitionerGulshan @ Gullu, has prayed for grant of regular bail in case FIR No. 280 dated 01.10.2019 registered under Sections 148, 149, 323, 325, 365, 379B and 506 IPC at Police Station Kheripul, Faridabad. According to the prosecution, in the evening of 29.09.2019, petitioner along with his accomplice armed with deadly weapons caused injuries to complainant-Tughlak @ Sherkhan and then robbed him for Rs.1900/-, his Aadhar Card and mobile phone. Thereafter, in order to kill the complainant, they dragged him into their car and gave him beatings. They took him away to village Deha, where they again gave severe beatings to the complainant. Thereafter, they again put complainant in their vehicle and brought him to village Sherpur Dadar. On the way, they were discussing to kill the complainant and bury him on the bank of RISHU KATARIA 2020.07.23 14:08 I attest to the accuracy and integrity of this document

CRM-M-17542-2020 -2Yammuna river.

Learned counsel inter alia contends that petitioner was not named in the FIR. No role has been attributed to him. Petitioner is in custody since, 07.10.2019. Conclusion of trial may take long time. No useful purpose would be served by detaining the petitioner in custody. On the other hand, learned State counsel vehemently opposed the submissions of learned counsel for the petitioner. Considering overall facts and circumstances, but without expressing any opinion on the merits of case, the petition is allowed. Consequently, petitioner-Gulshan @ Gullu, is ordered to be released on bail pending trial, if, not required in any other case, on his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.

July 22, 2020 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2020.07.23 14:08 I attest to the accuracy and integrity of this document