Mukesh v. State Of Haryana
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)))) % & Petitioner-Mukesh, has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.279, dated 21.07.2017, registered at Police Station Kundli, District Sonepat, under Sections 406, 420, 506, 467, 468, 471 and 120-B of the Indian Penal Code.
Notice of motion was issued in this case.
Learned State counsel has put in appearance on behalf of the respondent-State and Mr. Anil Kumar Sharma, Advocate has filed vakalatnama on behalf of the complainant and contested the instant petition. I have heard learned counsel for the parties as well as learned State counsel and gone through the record.
From the record, I find that the main accused in this case is Kuldeep and the present petitioner-Mukesh is stated to be the driver of Rajesh Kumar 2017.12.22 13:03 I attest to the accuracy and authenticity of this document Chandigarh
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Kuldeep. At the time of arguments, it is admitted that none of the complainant/victims had given any money to the present petitioner-Mukesh. Learned counsel for the petitioner states that petitioner is also a victim in the hands of the main accused, as he was also assured to get a job in the Railway.
Learned State counsel submits that the present petitioner has told other public persons that he had already get the job and they can also get the job.
The petitioner has been in custody since 03.09.2017. He is not required for any investigation or interrogation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case. Moreover, all the offences alleged against the petitioner are triable by Magistrate.
Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bonds in the sum of 50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. % !
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* !' . Rajesh Kumar 2017.12.22 13:03 I attest to the accuracy and authenticity of this document Chandigarh