Subham Kumar Alias Samir Alias Chhotu v. State Of Haryana

2024:PHHC:031335 [233]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-61942-2023 (O&M) Date of Decision : 05.03.2024 Subham Kumar alias Samir alias Chhotu

...Petitioner

versus State of Haryana ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Karan Kaushal, Advocate for the petitioner (through V.C.) Mr. Sumit Jain, Addl. AG, Haryana.

*** DEEPAK GUPTA, J. (ORAL) [1] The petitioner is seeking regular bail by way of petition filed under Section 439 Cr.P.C in case FIR No.353 dated 21.10.2023 under Sections 419, 420, 467, 468, 120-B, 188 of IPC, 1860 and Section 8 of Haryana Public Examination (Prevention of Unfair Means Act, 2021), registered at Police Station Sector 50, Gurugram. [2] Status report by way of affidavit dated 02.03.2024 of Dr. Kavita, HPS, Asstt. Commissioner of Police, CAW, East, Gurugram, District Gurugram, on behalf of the respondent-State along with custody certificate dated 04.03.2024 have been filed in Court today. The same are taken on record. Copies thereof have been supplied to learned counsel opposite.

[3] It is contended by learned counsel that allegations against the petitioner is to have impersonated one Rohit while appearing in an examination of HSSCET 2023. Learned counsel contends that the RAJNEESH SHARMA 2024.03.05 22:20 I attest to the accuracy and integrity of this document

2024:PHHC:031335 CRM-M-61942-2023 (O&M) -2petitioner is in custody for the last more than 04 months. That all the offences are triable by the Magistrate. That trial is likely to take long time to conclude. That there is no possibility of petitioner fleeing away from the trial. That he is not involved in any other case. [3] Learned State Counsel concedes the fact that all the offences are triable by the Magistrate.

[4] As per the custody certificate placed on record, petitioner is in custody for the last 04 months and 13 days. Trial may take long time to conclude.

[5] Having regard to the above facts and circumstances and the fact that trial is likely to take long time to conclude, but without commenting anything further on the merits of the case, this petition is allowed and petitioner is admitted to bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, on usual terms and conditions.

(DEEPAK GUPTA) JUDGE 05.03.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.03.05 22:20 I attest to the accuracy and integrity of this document