Ajay Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-25171-2024 Date of decision: July 29th, 2024 Ajay Kumar .....Petitioner

Versus

State of Haryana .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Rinki K. Singhania, Advocate for the petitioner.

Mr. Gagandeep Singh Chhina, Assistant Advocate General, Haryana.

MANJARI NEHRU KAUL , J. (ORAL) Petitioner is seeking the concession of bail under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.650 dated 25.10.2023 under Sections 419, 420, 467, 468, 471, 120-B of the IPC registered at Police Station Civil Lines Hisar. 2.

Learned counsel for the petitioner contends that in a magisterial trial, the petitioner has been in custody since 26.10.2023; the investigation in the present case is complete as challan stands presented and even charges framed, coupled with the fact that two witnesses out of the 11 cited by the prosecution already stand examined. It has also been submitted that the petitioner has been falsely implicated in the present case, which is evident from the fact that he does not have any criminal antecedents.

3.

Learned State counsel, on instructions from ASI Sanjay, has reiterated and submitted that petitioner had tendered fake documents supporting bail bonds posing as one Desh Raj. Learned State counsel PUNEET SACHDEVA 2024.07.30 10:59 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-25171-2024 -2has, therefore, submitted that accused had tried to play a fraud upon the Court for which he did not deserve the concession of bail. 4.

On a pointed query, learned State counsel, on instructions, has submitted that the petitioner is not involved in any other criminal case; the stage of trial has also not been disputed by the learned State counsel, who submits that 11 witnesses have been cited by the prosecution, out of which two stand examined. 5.

I have heard learned counsel for the parties and perused the material placed on record.

6.

The case at hand rests on documentary evidence, which is part of the challan. There is no likelihood of the trial concluding in the near future as nine prosecution witnesses still remain to be examined. 7.

In the facts and circumstances as enumerated hereinabove, the instant petition is allowed. The petitioner be admitted to bail to the satisfaction of the trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. July 29th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.30 10:59 I attest to the accuracy and integrity of this document Chandigarh