Dilbag Singh Rathi vs State Of Haryana

Arvind Singh Sangwan, J

This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 0814 dated

04.11.2017, registered under Sections 419, 420, 467, 468, 471, 506, 120-B of the IPC (Section 149 IPC added later on) at Police Station Civil Lines,

Hisar, District Hisar.

A perusal of the record shows that one of the co-accused, namely Sandeep Khayalia, has already been granted concession of regular bail, vide order

dated 22.12.2020 passed by this Court in CRM-M-11146-2020 (record of this case was summoned). The operative part of the order reads as under:

“Counsel for the petitioner submits that as per the allegations in the FIR, registered at the instance of one Sandeep Bamal, the accused persons

including the petitioner have taken a loan for TATA Zest vehicle in the name of the complainant by misusing the photocopy of Aadhar Card and PAN

Card of the complainant whereas the complainant neither applied for any loan from TATA Motors Finance nor even signed any documents in this

regard. It is further submitted that the petitioner is in custody since 19.09.2019 i.e. a period of more than 01 year and 03 months.

Counsel for the petitioner has further argued that even the incomplete challan was presented on 30.12.2019 as the FSL report was not submitted. It is

also submitted that even today the said report is still awaited and the charges were framed on 03.01.2020. Counsel for the petitioner has further

submitted that the petitioner was on default bail and the matter is triable by the Court of Magistrate and it will take long time in conclusion of the trial

as out of 19 PWs, only 01 PW has been examined.

Learned State counsel has filed the affidavit of the Assistant Superintendent of Police, Hisar, in which it is stated that challan has been presented and

the FSL report is still awaited. Counsel for the State has further submitted that charges stands framed against the accused persons. It is also submitted

that the petitioner is involved in number of other cases. He also argued that some of the accused persons who were arrested in the year 2003-04,

stands acquitted whereas the petitioner is facing the trial in 04 cases under Sections 323 and 307 IPC.â€​

As per allegations in the FIR, the name of the petitioner has surfaced on the disclosure of a accused.

A perusal of the order passed by the Additional Sessions Judge, dated 26.12.2020, reveals that bail application of the petitioner was dismissed primarily

on the ground that he is involved in some more cases, out of which, he stands acquitted in four cases and convicted in three cases, wherein his appeal

is pending.

Be whatsoever, considering the fact that the name of the petitioner surfaced in the disclosure of a co-accused; one of the co-accused has already

been granted concession of regular bail as noticed above; petitioner is in long custody since 27.11.2019 and also in view of the fact that offences are

triable by the Court of a Magistrate and it will take some time in conclusion of trial, the instant petition is allowed. The petitioner is ordered to be

released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned.