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High Court of Punjab and HaryanaCRM-M/22964/2021allowed

Amandeep Singh Alias Aman v. State Of Punjab

2021-06-29Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 29.6.2021 Amandeep Singh alias Aman .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Bhupinder Banga, Advocate, for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab assisted by ASI Daljit Kumar.

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

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.0037 dated 18.04.2021 registered at Police Station Mahilpur, District Hoshiarpur under Section 379B IPC.

- 2 - 2.

The FIR was lodged at the instance of Naranjan Kaur, wherein it is alleged that on 06.04.2021, when she along with her daughter was going to the market for purchasing household articles, then at about 11:30 AM a Hindu boy came on a motorcycle and snatched the earrings worn by the complainant and fled away from the spot. The complainant, however, managed to read the registration number of the motorcycle as PB-07-1064.

3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the instant case and that the very fact that FIR came to be lodged after about 12 days of the occurrence shows that the same has been lodged to falsely implicate the petitioner although the FIR shows that the complainant had noted down the registration number of the motorcycle on 06.04.2021 itself. Learned counsel has further submitted that in fact the police is inimical towards the petitioner and even after lodging of the instant FIR he has been involved in another identical FIR i.e. FIR No.42 dated 23.04.2021 Police Station Mahilpur, District Hoshiarpur (Annexure P-2). 4.

Opposing the petition, learned State counsel has submitted that in view of the serious nature of allegation, no case for grant of bail is made out. It has however, been informed that challan already stands presented.

5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the facts and circumstances of the case and while also noticing that there is delay in lodging the FIR which puts the Court to caution while considering the veracity of the allegations, the petition is accepted and the petitioner is ordered to be released on bail

- 3 - subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 7.

It is, however, clarified that none of the observations made above shall be construed to be an expression on merits of the main case. 29.6.2021 (GURVINDER SINGH GILL) VY/Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No