Krishan @ Baba v. State Of Haryana
CRM-M-35838-2020 Date of Decision:-03.11.2021 Krishan @ Baba.
......Petitioner.
Versus
State of Haryana.
......Respondent.
CORAM:- HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. P.S. Sullar, Advocate for the Petitioner. Mr. Rajat Gautam, DAG Haryana.
*** ( THROUGH VIDEO CONFERENCE) ANOOP CHITKARA, J.(ORAL) FIR No.
Dated Police Station Sections 06.07.2018 City Jind, District Jind 341, 342, 392, 506 & 34 IPC and Sections 25 of Arms Act The petitioner, incarcerating upon his arrest for committing robbery, has come up before this Court seeking regular bail under Section 439 Cr.PC. 2.
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8.
The co-ordinate Bench of this Court in CRM-M-16631 of 2020 has granted regular bail to one of the co-accused. Case of the petitioner is similar to him. The only difference is that he has criminal history for which adequate conditions can also be put.
9.
An analysis of entire evidence does not justify further incarceration of the accused, nor is going to achieve any significant purpose. Without commenting on the case's merits, given the investigation stage, the period of incarceration already undergone, and the circumstances peculiar to this case, the petitioners make a case for release on bail, if not required in any other case. 10.
Given the above reasoning, the Court is granting bail to the petitioners, subject to strict terms and conditions, which shall be over and above and irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.
11.
The petitioners shall be released on bail in the FIR mentioned above, subject to furnishing a personal bond of Rs. Ten thousand (INR 10,000/-), and shall furnish one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the Special Judge/Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any Ilaqa Magistrate.Before accepting the sureties, the concerned Court must satisfy that in case the petitioners-accused fail to appear in Court, then such sureties are capable to produce the petitioners-accused before theCourt, keeping in mind the Jurisprudence behind the sureties, which is to secure the presence of the accused. 12.
The furnishing of the personal bonds shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order. 13.
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In the facts and circumstances peculiar to this case, the petition is allowed in the terms mentioned above. ( ANOOP CHITKARA ) JUDGE November 03, 2021 Vinay