Bunty v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-59696-2024 Date of Decision: 04.12.2024 BUNTY

...Petitioner

Vs.

STATE OF HARYANA

...Respondent

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

Mr. Simranjit Singh, Advocate with Mr. Lupil Gupta, Advocate for the petitioner.

Mr. Rajinder Kumar Banku, DAG, Haryana.

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

The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.530 dated 03.08.2023 registered under Sections 147, 149, 323, 341, 379-B of IPC, at Police Station Sirsa City, District Sirsa.

2.

Learned counsel for the petitioner contends that the FIR in the present case was registered by the complainant after one day, after coining a false story. During the course of investigation, supplementary statement of the complainant was recorded and as per the said statement, Kavi son of Subhash, co-accused had snatched a mobile phone and a sum of Rs.10,000/- from the complainant. Learned counsel further reliance upon the orders (Annexure P-3 and P-5, respectively), passed by this Court, whereby co-accused namely, Dhammu alias Rahul and Sachin have been granted the concession of

CRM-M-59696-2024 -2anticipatory bail by this Court. Further, co-accused, Vicky alias Lallu has been granted the concession of regular bail by the trial Court vide order Annexure P-4. The petitioner was arrested in the present case on 10.08.2024 and is in custody for the last more than two months. After completion of investigation, challan has already been presented against the petitioner.

3.

On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is involved in a serious crime and he does not deserve the concession of bail by this Court. 4.

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

5.

The petitioner was arrested in the present case on 10.08.2024 and is in custody for the last more than 02 months. Even co-accused, namely, Dhammu alias Rahul and Sachin have been granted the concession of interim anticipatory bail by this Court, vide orders (Annexures P-3 and P-5 respectively). Further, co-accused, Vicky alias Lallu has been granted the concession of regular bail by the trial Court vide order (Annexure P-4). Thus, no purpose will be served by keeping the petitioner behind bars. 6.

Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the

CRM-M-59696-2024 -3satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.

04.12.2024 ( N.S.SHEKHAWAT) M.Sikka JUDGE Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No