Bhupinder Singh@ Bhinda vs State Of Punjab

Arun Monga, J

The petitioner is seeking regular bail in FIR No. 148 dated 20.06.2019, registered under Sections 379-B read with Section 34 IPC, to which Sections

392, 411 and 451 IPC were added lateron, Police Station Division No.6, Ludhiana.

As per allegations in the FIR, unknown assailants looted mobile phone and Rs.2.5 lacs from the complainant on the gun point. Later on, petitioner

and his accomplice were arrested.

Learned counsel for the petitioner submits that the petitioner was not named in the FIR and there is no legal admissible evidence against him and

nothing was recovered from him. He submits that co-accused Gurwinder Singh, from whom recovery of Rs.50,000/- was effected, has been granted

benefit of bail by this Court vide order dated 16.11.2019, as modified on 19.02.2020(Annexure P-3) passed in CRM-M-47315 of 2019 and on the

ground of parity petitioner is entitled to the same relief. He submits that petitioner is in custody since 16.11.2019, investigation is complete and challan

has been filed.

On the other hand learned State counsel opposed the bail plea. She submits that the petitioner is involved in four more cases of similar nature and is

not entitled to be released on bail.

Having heard learned counsel for the petitioner and learned State counsel, I am of the opinion that petitioner is entitled to be released on bail on the

ground of parity. A perusal of order dated 16.11.2019 passed in CRM-M-47315 of 2019 would show that co-accused Gurwinder Singh from whom

the recovery of part of looted amount Rs.50,000/- was effected and was having three more cases against him, was released on bail by this Court and

on the ground of parity, the petitioner is entitled to the same relief. The investigation of the case is already over and no useful purpose would be served

by keeping the petitioner behind the bars especially when the trial of the case would not likely to conclude soon in the present scenario of Covid-19

pandemic.

In the circumstances, without expressing any opinion on the merits of the case, the petition is allowed. Petitioner shall be released on bail on his

furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Ludhiana, as the case may be.