Anju v. State Of Haryana

   

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH



   

 

   

 



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CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Puneet Pali, Advocate for the petitioner.

Mr. Bhupender Singh, D.A.G., Haryana.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as filed under Section 439 Cr.P.C., the petitioner prays for grant of regular bail in case FIR No.155 dated 28.05.2024, under Sections 380, 454, 511 IPC, and in later on added offence under Section 136 of Electricity Act, 2003, registered at Police Station Baldev Nagar, District Ambala.

2.

The allegation(s) against the petitioner is that she along with her co-accused entered into the office of S.E. Uttri Haryana Bijli Nigam, Ambala and tried to steal the aluminum wires.

3.

Learned counsel for the petitioner, in his asking for the relief (supra), submits that the petitioner has been falsely implicated in the present FIR and the allegations levelled against her are totally false and are result of concoction and premeditation. He further submits that the petitioner has been behind the bars since 28.05.2024. Finally, he submits that since petitioner's coaccused Nisha, who is on a co-equal pedestal as the petitioner, has already been granted the relief of regular bail by this Court, as is evident from the order DEVINDER YADAV 2024.08.01 09:49 I attest to the accuracy and authenticity of this order/judgment

    dated 04.07.2024 (Annexure P-3), therefore, the petitioner also deserves an alike relief.

4.

On the other hand, the learned State counsel has opposed the grant of bail to the petitioner, on the ground that, she and her co-accused had dared to enter in the S.E. Office in broad daylight and tried to steal the aluminum wires. He further submits that the case is at investigation stage. 5.

Be that as it may, taking into account: (i) the allegations levelled against the petitioner; (ii) the evidence against the petitioner; (iii) the period of incarceration suffered by the petitioner; (iv) the fact that the case is at investigation stage; and (v) the fact that petitioner's co-accused has already been granted the relief of regular bail by this Court; this Court deems it fit and appropriate to extend the benefit of regular bail to the petitioner. Therefore, the present petition is allowed.

6.

The petitioner is ordered to be released on bail on furnishing of bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate concerned. 7.

However, anything observed here-in-above shall have no effect on the merits of the case and is meant for deciding the present petition only. 8.

It is further made clear that, in future, if the petitioner is found involved in any similar kind of offence, the State is at liberty to file an appropriate application seeking cancellation of bail granted to the petitioner. (KULDEEP TIWARI) July 30, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.08.01 09:49 I attest to the accuracy and authenticity of this order/judgment