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Ajay @ Ajju vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 23 March 2021 · Citation: (2021) 03 P&H CK 0284

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 392
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 12341 Of 2021 (O&M)
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Judgment

6 paragraphs · 262 words

Gurvinder Singh Gill, J

1.

The petitioner seeks grant of regular bail in respect of a case registered vide FIR No.333 dated 15.12.2020 under Sections 392/34 IPC at Police Station Sadar, District Kaithal.

2.

The FIR was registered at the instance of Vikas Kumar, wherein it is alleged that on 14.12.2020 while he was going in a Bolero vehicle and had halted on the way, a white coloured Swift car stopped near his vehicle from which three young boys alighted and gave beatings  to the complainant and snatched his vehicle. The complainant further stated therein that his mobile phone, his clothes bag and a machine were lying in the vehicle.

3.

The learned counsel for the petitioner has submitted that he is nowhere named in the FIR and that in fact complainant Vikas Kumar has furnished an affidavit (Annexure P-3) stating categorically that he did not identify the robbers and that he does not identify even the petitioner. He has further categorically stated that he does not have any objection in case the petitioner is granted bail.

4.

Opposing the petition, learned State counsel has submitted that the petitioner has been arrested on the basis of supplementary statement given by complainant. It has further been informed that the petitioner has been behind bars since the last about 3 months and challan stands presented.

5.

In view of the aforestated position, the petition 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.