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(2020) Law Today Live Doc. Id. 15225 = 2020 L.A.R. (e-Suppl.) 554
Decided on: 13.08.2020
(Through Video Conferencing)
Present:
Mr. D.S. Virk, Advocate, for the petitioner.
Mr. Rishab Gupta, Advocate, for the complainant.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120-B – Complainant also part of illegal activity – Regular bail -- Petitioner is in custody since January, 2020 -- Challan filed -- Allegations against the petitioner is that he took money from the complainant to get him admission in MBBS -- If it is so, then the complainant too is equally indulging in the illegal activity -- Petition allowed, petitioner is ordered to be released on regular bail.
(Para 5,6)
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NIRMALJIT KAUR, J. (ORAL) –
1. The prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.127 dated 30.04.2018 under Sections 406, 420 and 120-B of IPC, registered at Police Station Kalayat, District Kaithal.
2. Issue notice of motion.
3. Ms. Tanushree Gupta, Deputy Advocate General, Haryana.
4. While opposing bail to the petitioner, learned State counsel submitted that the petitioner was declared Proclaimed offender on 02.11.2019.
5. The petitioner is in custody since January, 2020. Challan has since been filed. The allegations against the petitioner is that he took money from the complainant to get him admission in MBBS. If it is so, then the complainant too is equally indulging in the illegal activity.
6. In view of the same, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing of bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate.
Petition allowed.
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