Alam Singh v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 22.01.2020 Alam Singh

...Petitioner

Versus

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. Ramnish Puri, Advocate for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

***** RAJ MOHAN SINGH, J .(Oral) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.22 dated 12.01.2018, registered under Sections 406, 409 and 420 of Indian Penal Code and (Section 13 (1D) of Prevention of Corruption Act, 1988 and 138 of Indian Electricity Act, 2003 added later on) (39 B of Indian Electricity Act, 2001 deleted later on) at Police Station Farakpur, District Yamuna Nagar.

The allegations against the petitoner is that he has

-2installed fake/unauthorised electric meter at the premises of Rajiv Kumar. Petitioner is Lower Divisional Clerk. His role vis-a-vis installation of new electric meter would be debatable as it is not a case of replacement of old defunct meter by a new meter. The petitioner and co-accused Bhupinder Singh have been implicated in the present case. Bhupinder Singh has already been granted interim anticipatory bail vide order dated 26.12.2019 in CRM-M No.54414 of 2019. It is not a trap case. Alleged recovery of Rs.4,500/- from the petitioner is not on account of any prior mechanism of signing any tainted currency by the prosecution.

Learned State counsel on instructions from SI Gyan Singh states that challan is ready to be presented in Court. At this stage, no final opinion on the merits of the case can be made. The trial of the case may take some time in its conclusion. Petitioner is in custody since 23.11.2019. Without meaning anything on the merits of the case, it would be just and appropriate to release the petitioner on regular bail.

In view of above, the present petition is allowed and the petitioner is ordered to be enlarged on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of

-3Trial Court/Duty Magistrate, Yamuna Nagar at Jagadhri. Nothing expressed hereinabove shall be construed to be an opinion on merits of the case.

22.01.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No