Deepak Kumar Alias Deepu v. State Of Haryana

CRM-M-40684-2024 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40684-2024 (O&M) Date of decision: 29.08.2024 Deepak Kumar @ Deepu

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. S.K. Aggarwal, Advocate for the petitioner.

Mr. Abhinash Jain, DAG, Haryana.

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

Through the instant petition filed under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner prays for grant of regular bail in case FIR No.342 dated 01.11.2023, registered under Sections 379-B of IPC (Section 201 IPC and Section 34 of IPC added later on), at Police Station City Pehowa, District Kurukshetra, Haryana. 2.

Learned counsel for the petitioner submits that the allegation against the petition is of snatching, by hitting a punch to the complainant. The petitioner was arrested on the same day of the occurrence, and the recovery of some of the snatched articles was also effected from the present petitioner.

3.

Learned counsel asking for the relief of regular bail, submits that the petitioner has suffered incarceration of about 10 months as on SATYAWAN 2024.08.30 13:58 I attest to the accuracy and integrity of this document

CRM-M-40684-2024 (O&M) 2 today, and has clean antecedents. He further submits that in fact, the main witness i.e. the complainant has turned hostile, and did not support the case of the prosecution.

4.

Custody certificate qua the petitioner has been filed in Court today, which is taken on record. As per the custody certificate, the petitioner has undergone 09 months and 25 days, and is not involved in any other case.

5.

Considering the period of incarceration and the fact that the complainant has turned hostile, 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.

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. 29.08.2024 (KULDEEP TIWARI) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No SATYAWAN 2024.08.30 13:58 I attest to the accuracy and integrity of this document