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High Court of Punjab and HaryanaCRM-M/61061/2024allowed

Nitin Kumar v. State Of Haryana

2024-12-10Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-61061-2024 (O&M) Date of Decision:-10.12.2024 Nitin Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Gaganpreet Kaur, Advocate for Mr. Fateh Saini, Advocate, for the petitioner.

Mr. Neeraj Sheoran, DAG, Haryana.

***** FIR No.

Dated Police Station Under Section/s 14.7.2024 Mullana (Ambala) 309(4), 309(6) and 311 of Bharatiya Nyaya Sanhita, 2023 (BNS) GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

As per the version of complainant - Baljinder Singh, some unknown persons had attacked him on 13.7.2024 at about 08:00 P.M. with a sharp edged weapon and had inflicted an injury on his right arm and had snatched an amount of Rs.10,000/- from him.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that, in any case, since the petitioner has been behind bars since the last about 4 months and 22 days and challan Pankaj Kakkar 2024.12.10 17:35 I attest to the accuracy and authenticity of this document

CRM-M-61061-2024 (O&M) ( 2 ) already stands presented his further detention will not serve any useful purpose.

4.

Opposing the petition, learned State counsel submitted that since the petitioner has himself confessed his guilt in the shape of his own disclosure statement, his complicity is clearly evident. It has, however, informed that the petitioner as on date has been behind bars since the last about 4 months and 22 days and that he has a clean record. It has also been informed that challan already stands presented.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the custody of the petitioner i.e. about 4 months and 22 days and also the fact that challan already stands presented and also that the petitioner enjoys a clean record, further detention of the petitioner will not serve any useful purpose.

7.

The instant petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

10.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.12.10 17:35 I attest to the accuracy and authenticity of this document