High Court of Punjab and HaryanaCRM-M/8587/2015allowed

Rajat Mittal v. State Of Punjab

2015-03-26Mr. Justice T.H.B. Chalapathi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-8587 of 2015 Date of Decision: 26.3.2015 Rajat Mittal --Petitioner.

Vs.

State of Punjab -Respondents CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Ms. Vishali, Advocate for the petitioner.

Mr. K.D.Sachdeva, Additional A.G. Punjab.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks bail pending trial in FIR No. 19 dated 23.1.2015, under Section 419/420/465/467/468/471/120-B IPC, registered at Police Station Division No.5, Civil Line, District Ludhiana.

Notice of motion.

On the asking of the Court, Mr. K.D.Sachdeva, Additional A.G. Punjab, accepts notice.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. There are no serious allegations against the petitioner. She further submits that in compliance of the order dated 20.3.2015 passed by this Court, it has been verified that petitioner is not involved in any other case under NDPS Act. She prays for allowing the present petition. AMIT KUMAR 2015.03.26 16:38 I attest to the accuracy and authenticity of this document

Criminal Misc. No. M-8587 of 2015 On the other hand, learned counsel for the State, on instructions from ASI Vipin Kumar, Police Station Division No.5, Civil Line, Ludhiana, submits that although the petitioner has not been found involved in any other case under NDPS act, yet the allegations against the petitioner are direct and serious and he is not entitled for bail pending trial. He prays for dismissal of the petition. Having heard the learned counsel for the parties and after careful perusal of the record of the case, this Court is of the considered opinion that petitioner is entitled for the concession of the bail pending trial. It is so said, because petitioner is not involved in any other case under NDPS Act. It has been so verified in compliance of the order dated 20.3.2015 passed by this Court.

Since police report under Section 173 Cr.P.C. has not been presented to the court of competent jurisdiction, trial will take long time. Under the facts and circumstances of the case noted hereinabove, present petition is allowed and the petitioner is directed to be released on bail pending trial, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana.

Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 26.3.2015 AK Sharma AMIT KUMAR 2015.03.26 16:38 I attest to the accuracy and authenticity of this document