Jaswinder @ Jassi vs State Of Haryana

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioner is seeking regular bail in FIR No.96 dated 24.06.2020, under Sections 148, 149, 323, 325, 506 IPC ( Section 307 IPC added later on),

registered at Police Station Sadhaura, district Yamunanagar.

Learned counsel for the petitioner contends that the petitioner is neither named in the FIR nor any injury has been attributed to him. The petitioner has

been arraigned as an accused on the statement of co-accused that the petitioner was also present at the place of occurrence. The injury for which

offence under Section 307 IPC has been invoked is attributed to co-accused, namely, Devender @ Goldi. He further contends that the injured has

fully recovered from the injuries. He also contends that the petitioner is in custody for almost 04 months since his arrest on 29.08.2020 and is not

involved in any other criminal case.

Learned State counsel, upon instructions from SI Dharampal, contends that the complainant in his supplementary statement had stated that the

petitioner had caused a DANDA blow on the head of the injured-Vikas. He also contends that although challan has been filed but charges are yet to

be framed.

Heard through video conferencing.

In view of the submissions of the learned counsel for the petitioner, especially when the petitioner is not named in the FIR, he has been arraigned as

an accused on the statement of co-accused, he is in custody for almost 04 months, he is not involved in any other criminal case, the COVID-19

pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular

bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.