Ajay v. State Of Haryana

2023:PHHC:099065

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40941-2022 Date of Decision: 02.08.2023 Ajay ......... PeƟƟoner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Gautam DuƩ, Advocate for the peƟƟoner.

Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police StaƟon SecƟons 07.05.2018 Siwani, District Bhiwani 147, 149, 186, 302, 307, 332, 353, 120-B IPC and 25 of Arms Act The peƟƟoner incarcerated in the FIR capƟoned above, has come up before this Court under SecƟon 439 CrPC seeking bail. 2.

Counsel for the peƟƟoner submits that in the trial, the main witness has not even idenƟfied the peƟƟoner and he is enƟtled for bail. 3.

However, State counsel has opposed the bail on the grounds that it is for the trial Court to assess and appreciate the evidence and the observaƟons made by this Court might prejudice the trial itself.

4.

Be that as it may, the peƟƟoner is permiƩed to file a fresh applicaƟon for bail before the trial Court. If the said applicaƟon is filed within two weeks, the same shall be decided within two weeks thereaŌer. It is clarified that the trial Court shall not be influenced by the reasoning given while rejecƟng his previous bail applicaƟon by trial Court or this Court. It is further clarified that the trial Court shall decide the same on its own merits aŌer appreciaƟng evidence.

5.

Given above, the present peƟƟon stands disposed of. All pending miscellaneous applicaƟons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 02.08.2023 JyoƟ-II JYOTI 2023.08.03 12:47 I attest to the accuracy and integrity of this order/judgment.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No