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Judgment
18 paragraphs · 378 wordsAnoop Chitkara, J
FIR No.
Dated
Police Station
Sections
141
05.09.2021
Sector 27, Sonipat
Haryana
411, 328, 381, 34, 120-B IPC
The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
In paragraph 19 of the bail petition, the accused declares that he has no criminal antecedents.
The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
The State opposes bail and states that the petitioner is a citizen of Nepal and if released on bail, he shall abscond and it shall be next to impossible to nab him again.
REASONING:
The petitioner in conspiracy with his fellow citizens Rohit and Neha, gave a stupefying substance to the complainant's father and robbed the house. The petitioner is apparently at flight risk and there is no assurance to bring him to justice.
A perusal of the bail petition and the documents attached, primafacie points towards the petitioner’s involvement and does not make out a case for bail. Any further discussions are likely to prejudice the petitioner; this court refrains from doing so.
Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed in terms mentioned above. However, considering the petitioner's custody, the ends of justice will meet by expediting the trial. This court requests the concerned trial court to take up this trial on priority and endeavor to conclude it by May 31, 2023. The expediting of the trial is subject to the condition that the petitioner shall not seek any adjournment, and if he does so, this order expediting the trial shall stand recalled automatically under section 362, read with 482 CrPC, without any further reference to this court. If the trial is not concluded by May 31, 2023 and the petitioner is not responsible for delay, then it shall be permissible to apply for bail before the trial court on the grounds of prolonged incarceration as an under-trial, who shall consider it without being influenced by the orders of rejection. All pending applications, if any, stand disposed of.