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Judgment
16 paragraphs · 350 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail in FIR No.203 dated 15.09.2020 under Sections 323, 506, 34 IPC and Section 25 of Arms Act
(Sections 379-A, 511 IPC were added later on), registered at Police Station Bahu Akbarpur, District Rohtak.
Learned counsel for the petitioner submits that as per allegations in the FIR, the police party headed by SI Sukhbir Singh received an information that
victim Gopal was beaten up by some persons and later on, he reported that he is working as driver in OLA company and three boys have hired his cab
for going to Rohtak and on the way, they tried to snatch his car by showing him a pistol, however, a vehicle came, which was blowing siren and on
hearing the same, the accused persons ran away. It is further submitted that initially, the FIR was registered under Sections 323, 506 read with Section
34 IPC and Section 25 of Arms Act, however, on the basis of supplementary statement of the complainant, Sections 379-A, 511 IPC were added later
on. It is also submitted that after arrest of the petitioner, nothing was recovered from him and he has been falsely implicated in the case and only
evidence against him is his own disclosure statement, which is not admissible.
Learned State counsel has filed the custody certificate dated 26.05.2021 in the Court today, according to which, the petitioner is in custody for the last
07 months and 24 days and he is involved in some other cases, however, he is on bail in 02 cases. It is submitted that challan has been presented,
however, charges are not framed.
After hearing learned counsel for the parties, without commenting anything on merits of the case, considering custody of the petitioner and the fact
that due to COVID-19 situation in the country, it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be
released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.