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High Court of Punjab and HaryanaCRM-M/29638/2021disposed of

Sunil @ Monu v. State Of Haryana

2021-12-17Mr. Justice Sudip Ahluwalia3 pages

      

 

  

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SUDIP AHLUWALIA J. (ORAL) These are two petitions for regular bail filed on behalf of the petitioners under Section 439 Cr.P.C., in case FIR No. 417 dated 27.06.2019, under Sections 302, 303, 212, 201, 120-B, 34 IPC and Section 25-54-59 of Arms Act 1959, Registered at Police Station Sector-7 Faridabad, District Faridabad.

Both the petitioners have remained in detention in the present case for more than two years and five months since 09.07.2019. Admittedly

& none of them was named in the FIR. Both of them were implicated on the basis of disclosure statements of co-accused persons namely Naveen @ Lamba, Dharamjit @ Kala and Sachin.

Apart from such disclosure statements of the said co-accused, there is no tangible incriminating material against the present petitioners. Several other co-accused persons namely Pardeep Singh (in CRM-M-23911-2020 on 19.11.2020), Deepak @ Manjesh (in CRM-M40802 of 2020 on 15.12.2020), Dharamjit @ Kala (in CRM-M-20622 of 2020 on 24.09.2020), Naveen @ Lamba (in CRM-M-3471-2021)and Atul Kaushik, (in CRM-M-33066 of 2020 on 30.10.2020) have already been separately granted regular bail by this Court. After completion of investigation, Challan against the petitioner has already been submitted. The trial is yet to commence and the Charges are yet to be framed. As many as 71 witnesses have been cited from the prosecution side which would, therefore, indicate that the trial is likely to take its own time for completion.

In these circumstances, without commenting any further on the merits of the present cases as a whole, but in view of the detention undergone by the petitioners and the sketchy nature of incriminating material which has come-forth against the petitioners, their prayer for regular bail is allowed and they are ordered to be released on bail subject to appropriate terms and conditions to the satisfaction of the learned Trial Court/Duty Magistrate, concerned.

It is however directed that the petitioners after their release shall not directly or indirectly try to contact or influence either the

) complainant or any other prosecution witnesses, and if they do so, the prosecution would be at liberty to seek cancellation of the bail. Disposed off.

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