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Judgment
18 paragraphs · 354 wordsManjari Nehru Kaul, J
Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.331 dated 29.06.2020 registered under
Sections 148, 149, 323, 324, 506 IPC,1860 (Sections 325, 307 IPC and Sections 3(1)(s), 3(2)(v), (va), SC/ST (Prevention of Atrocities) Act 1989
added later on) at Police Station Shahabad District Kurukshetra.
Learned counsel for the petitioner inter alia contends that the false implication of the petitioner is writ large from the fact that he was nominated as an
accused in the crime in question in the supplementary statement of the injured, which was recorded after two months of the alleged crime. It has
further been submitted that even in the supplementary statement no specific attribution has been made qua the petitioner in the occurrence in question.
The petitioner has been in custody since 19.10.2020 and only challan has been presented till date. Hence, there is no likelihood of trial concluding in the
near future and a prayer has been made that the petitioner may be extended the concession of regular bail as similarly situated co-accused Charanjot
@ Jot has been granted regular bail vide order dated 07.01.2021.
Per contra, learned State counsel while opposing the prayer of learned counsel for the petitioner has not been able to controvert the factual aspect of
the submissions made by learned counsel for the petitioner. He on instructions from ASI Omparkash has admitted that the petitioner has been arrayed
as an accused after 2½ months of the occurrence in question and no injury has been attributed to him the alleged occurrence.
Heard.
In view of the submissions made by learned counsel and the fact that the petitioner has been in custody since 19.10.2020, the trial is unlikely to
conclude in the near future more so in the wake of outbreak of pandemic Covid-19. Hence, the present petition is allowed and the petitioner is
admitted to bail to the satisfaction of the trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be
construed to be an expression of opinion on the merits of the case.