High CourtsSingle Bench

Amit vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 23 October 2018 · Citation: (2018) 10 P&H CK 0172

HON’BLE JUDGES
Rajbir Sehrawat, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 406, 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (M) No.-43140 of 2018 (O&M)
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Judgment

11 paragraphs · 242 words

Prayer in this petition filed under Section 439 of Cr.P.C. is for grant of bail pending trial in case FIR No.128 dated 19.06.2018 under Sections 406, 420

of IPC Sections 120-B and 34 of IPC added later on), registered at Police Station Bond Kalan, District Charkhi Dadri.

Learned counsel for the petitioner contends that the petitioner was not named in the FIR. His name cropped up only in the disclosure statement of the

co-accused-Devinder Singh, who is alleged to have taken Rs.2 lacs from the complainant for procuring job to his son. Even as per the allegation in the

disclosure statement, no specific role is attributed to the petitioner. Only this much is alleged that the petitioner also assisted the main accused in this

entire venture. Still further, it is contended that the main accused has already been released on bail. The petitioner is in custody since 30.07.2018 and

he is not required for any further investigation purposes.

On the other hand, learned State counsel submits that the petitioner is also involved in the incident. However, it is not disputed that the co-accused of

the petitioner, namely, Devinder has already been released on bail.

In view of the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to

be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.