Naveen@Dhruv v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-32429-2024 (O&M) Date of Decision: 16.7.2024 Naveen @ Dhruv ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Prashant Singh Chauhan, Advocate, for the petitioner.

Mr. Neeraj Sheoran, DAG, Haryana.

***** FIR No.

Dated Police Station Section/s 8.10.2023 Rewari Sadar, District Rewari, Haryana 392 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The FIR was lodged at the instance of Gagandeep Singh, wherein it is alleged that on 8.10.2023, when he along with his brother Himanshu Rajput had arrived at Rewari from Patiala by train at about 2:30 AM and they were waiting at Dharuhera Chungi for going to Dharuhera, then 3 persons came in WagonR car bearing registration No.HR-81-0497, who gave them a lift but ultimately looted them at knife point and took away their mobile phones and

CRM-M-32429-2024 (O&M) ( 2 ) cash, which they were carrying. It is further alleged that 2 of them were addressing them each other as Naveen @ Dhruv and Jony Saini @ Sultan. 3.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and that, in any case, the petitioner has been behind bars since the last more than 9 months and as on date none out of cited 10 PWs has been examined, his further detention would not be justified. 4.

Opposing the petition, learned State counsel submits that the petitioner is specifically named in the FIR and had also earlier been involved in 2 other cases i.e. FIR No.255 dated 23.6.2016, registered under Sections 279, 337 of IPC and Section 181, 192, 196 of MV Act at Police Station Model Town, Rewari and FIR No.533 dated 8.10.2023, registered under Section 380 of IPC at Police Station Model Town, Rewari apart from having been declared a 'Proclaimed Offender' in respect of which FIR No.189 dated 26.4.2022 at Police Station Model Town, Rewari, under Section 174-A of IPC was lodged, he does not deserve the concession of bail. Learned State counsel has not denied that as on date, petitioner has been behind bars since the last more than 9 months and that no PW out of cited 10 PWs has been examined till date.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the long custody of the petitioner i.e. more than 9 months and also that conclusion of trial is likely to take time inasmuch as none out of the cited 10 PWs has been examined so far, further detention of the petitioner will not serve any useful purpose.

CRM-M-32429-2024 (O&M) ( 3 ) 7.

The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 16.7.2024 ( Gurvinder Singh Gill ) Geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No