Neeraj Alias Mohit v. State Of Haryana

CRM-M-27100 of 2021 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-27100 of 2021 Date of Decision: 04.08.2021 Neeraj @ Mohit ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Rahul Deswal, Advocate for the petitioner. Mr. Vishal Malik, DAG, Haryana.

HARINDER SINGH SIDHU, J This is a petition filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 344 dated 28.8.2020 registered under Sections 341, 342, 364 A, 379 B, 120 B, 34 IPC and under Section 25 of Arms Act, 1959 at Police Station Matlauda, District Panipat. FIR was lodged on the complaint of one Shri Kant who stated that he was working in IOCL Refinery, Panipat. On 4.2.2020 at about 1.00 pm, he was coming from IOCL Panipat after finishing his work and was going to his home on a scooty. When he reached near village Sethana, a blue coloured Creta car overtook him and blocked his way. Thereafter, complainant stopped his scooty by the side of the road. 3 young man came out of the car with weapons.

He identified one of them as Ankit who was carrying a small pistol in his hand, the other boy namely Dinesh was carrying a rifle in his hand and the third boy namely Monu was having DBL gun. By pointing their weapons on complainant, they asked the complainant to sit in the car. They snatched his purse which contained valuable documents, Rs. 10000/- and mobile phone. They started giving him fists and kick blows. They took him to Jyoti Colony, Sector 13-17 where they were MANOJ KUMAR 2021.08.

CRM-M-27100 of 2021 #2# joined by 4 persons namely Jasbir Patwari, Monu, Dinesh and Surjeet. These persons were also armed with pistols. They pressurized the complainant to sign certain documents for giving work of labour and vehicle and also the share in the project of company. Thereafter, accused left the complainant on Assandh Road. They also handed him back his purse and mobile.

Learned counsel for petitioner states that allegations in FIR are totally false. The alleged incident was of dated 4.2.2020 whereas FIR was lodged on 28.8.2020 i.e. after a delay of about 5 months. The petitioner has not been named in FIR. His named has surfaced in disclosure statement suffered by co-accused Kali Raman, who stated that the petitioner was present at the spot and was driving Breeza Car. He submits that no recovery has been effected from the petitioner.

The investigation in case is complete. Challan has been filed and charges framed. Petitioner is in custody since 15.9.2020. Without commenting anything on merit of case and considering the fact that trial of case may take a long time due to prevailing situation on account of COVID 2019 and also the fact that investigation in the case is complete and the petitioner is in custody since 24.9.2020, no useful purpose would be served by keeping him behind bars. Hence, petition is allowed. Petitioner Neeraj @ Mohit is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate concerned.

August 04, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.08.05 09:41 I attest to the accuracy and integrity of this document