Surjeet v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51758-2024 Date of Decision: 24.10.2024 SURJEET

...Petitioner

Vs.

STATE OF HARYANA

...Respondent

CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present :

Mr. Sunil Saharan, Advocate, for the petitioner. Mr. Rajinder Kumar Banku, DAG, Haryana.

Mr. Ajay Pal, Advocate for the respondent.

N.S.SHEKHAWAT , J. (Oral) 1.

The petitioner has filed the instant petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer to grant a regular bail in case FIR No.491 dated 18.07.2024 (Annexure P-1) registered under Sections 3(5), 318(4), 351(2), 111(2), 308(2), 338, 336(3), 238, 215 BNS, 2023 at Police Station HTM, Hisar District Hisar.

2.

Learned counsel for the petitioner contends that the petitioner has been named in the FIR along with his co-accused namely Raj Kumar @ Raja Gujjar, Mukesh Gujjar and Ramavtar Gujjar, however no specific role has been attributed to the petitioner. Learned counsel for the petitioner placed reliance on orders (Annexure P-2 to Annexure P-5), whereby, Raj Kumar @ Raja Gujjar, Jai Singh, Sanjeev Kumar and Mukesh Kumar have already been granted the concession of bail by this Court. Learned counsel has further placed reliance upon the order (Anneuxre P-6), whereby Pradeep Yadav, co-accused have been granted the concession of regular bail. The petitioner was arrested in the present case on 31.07.2024 and challan has already been presented against him. MAMTA 2024.10.28 11:02 I attest to the accuracy and integrity of this order/judgment

CRM-M-51732-2024 -23.

On the other hand, learned State counsel assisted by the learned counsel for the complainant have vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that the petitioner belongs to a gang of land grabbers and serious allegations leveled against him. Even four more FIRs of similar nature have already been registered against him and the present petition deserves to be dismissed.

4.

I have heard learned counsel for the parties and perused the record.

5.

In the present case the petitioner is in custody since last more than three months and challan has already been presented against him. Similarly placed co-accused namely Raj Kumar @ Raja Gujjar, Jai Singh, Sanjeev Kumar and Mukesh Kumar have already been admitted to bail by this Court 6.

In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned 24.10.2024 ( N.S.SHEKHAWAT) M.Sikka JUDGE Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No MAMTA 2024.10.28 11:02 I attest to the accuracy and integrity of this order/judgment