Gagandeep v. State Of Haryana

2024:PHHC:011065

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40882-2023 (O&M) Date of Decision: January 29, 2024 GAGANDEEP ........Petitioner

Versus

STATE OF HARYANA ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Simranjeet Singh, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana.

**** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail pending trial in case FIR No.300 dated 02.06.2023 registered under Sections 379-A, 201 and 120-B IPC read with Section 34 of IPC at P.S. City Fatehabad, District Fatehabad wherein, the petitioner has been implicated against the allegations of having snatched mobile from the complainant. 2.

The prayer made herein has been opposed at the instance of learned State counsel while submitting that the incident in question was recorded in a CCTV footage wherein, the petitioner can be seen driving a Bullet motorcycle besides it, the vehicle was even recovered from the petitioner.

3.

I have heard learned counsel for the parties and gone through the paper-book. I find substance in the submissions made by learned counsel for the petitioner.

TEJWINDER SINGH 2024.01.29 18:39 I attest to the accuracy and integrity of this document

2024:PHHC:011065 -2CRM-M-40882-2023 (O&M) 4.

In the present case, the petitioner has remained behind the bars for a period of almost 7 months and 20 days and the investigation already stands concluded with the filing of challan followed by framing of charges. Moreover, the petitioner happens to be a young boy of 23 years of age and there is no other case pending against him. Learned counsel for the petitioner on instructions submits that the petitioner even volunteers to deposit a non-refundable sum of Rs.10,000/- as compensation to the complainant without prejudice to his rights in trial. Considering the aforesaid, this Court does not find justification to extend his incarceration any further.

5.

In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate and deposit of Rs.10,000/- with the trial Court at the time of his release, which shall be released in favour of the complainant upon due verification. 6.

Pending application(s), if any, shall also stand disposed of. 29.01.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.01.29 18:39 I attest to the accuracy and integrity of this document