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(2021) Law Today Live Doc. Id. 16104
Decided on: 31.03.2021
(Heard through VC)
Present:
Mr. Rajesh Gupta, Advocate for the petitioner.
Mr. P. P. Chahar, DAG, Haryana
Indian Penal Code, 1860 (45 of 1860), Sections 188, 341, 379-B, 392, 397 -- Arms Act, 1959 (54 of 1959), Sections 25, 27, 59 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Snatching case – Regular bail -- Trial is likely to take some time -- Petitioner in custody since 21.07.2020 and challan stands presented -- No useful purpose would be served in keeping the petitioner behind bars any longer -- Petition allowed.
(Para 1, 5)
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JAISHREE THAKUR, J. (ORAL) –
1. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 180 dated 26.04.2020 under Sections 188, 341, 379-B, 392, 397 of Indian Penal Code and Sections 25, 27 and 59 of Arms Act registered at Police Station Kharkhoda, District Sonipat.
2. Learned counsel for the petitioner contends that the petitioner herein was taken into custody on 21.07.2020. It is submitted that the petitioner has been falsely implicated in the present case. It is also contended that the allegations as set out in the FIR are not sustainable while further arguing that the investigation in the matter is complete and the challan has already been presented and that the conclusion of trial will take sufficient time, therefore, the custody of the petitioner would no longer be required and he is entitled to be enlarged on bail.
3. Per contra, learned counsel appearing on behalf of respondent-State, on instructions from the Investigating Officer, opposes the grant of regular bail to the petitioner, while submitting that offences alleged against the petitioner are serious in nature, however, she does not dispute the fact that the matter stands investigated and the challan stands presented.
4. I have heard learned counsel for the parties.
5. Since the trial is likely to take some time and in view of the facts that the petitioner herein has been in custody since 21.07.2020 and the matter has been investigated and the challan stands presented, no useful purpose would be served in keeping the petitioner behind bars any longer. At this stage, without commenting on the merits of the case, the instant petition is allowed and the petitioner is directed to be released on regular bail on his execution of personal bond of Rupees Fifty Thousand with one surety in the like amount to the satisfaction of concerned trial Court/Duty Magistrate.
Petition allowed.
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