Nitesh v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 24.07.2024 Nitesh ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Satish Chaudhary, Advocate, for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana.

***** FIR NO.

DATE POLICE STATION OFFENCES 12.02.2024 Cyber Crime, District Hisar 419, 420, 120-B IPC and Sections 66-C/66-D of Information and Technology Act, 2000 GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR. 2.

The FIR in question was lodged on the statement of Shashi Ahlawat, wherein she alleged that someone had defrauded her on telephone on

- 2 - the pretext of sale of furniture and had made her transfer an amount of Rs.50,000/-.

3.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. It has further been submitted that the petitioner is not involved in any other case and has been behind bars for a substantial period of about 04 months and 22 days.

4.

Opposing the petition, learned State counsel submitted that since the evidence has been collected to show the involvement of the petitioner, his complicity is clearly evident. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 04 months and 22 days and that he is not involved in any other case. It has also been informed that as on date out of cited 14 PWs, none has been examined.

5.

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

6.

It is not in dispute that the petitioner has been behind bars for a substantial period of more than 04 months and 22 days. Conclusion of trial is likely to consume time inasmuch as out of cited 14 PWs , none has been examined till date. In these circumstances, particularly keeping in view the fact that the petitioner has a clean record, further detention of the petitioner will not serve any useful purpose as the conclusion of trial will take some time. The petition, as such, is

- 3 - 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. 24.07.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No