Junaid @ Bhuri vs State Of Haryana

Pankaj Jain, J

CRM-21598-2022

Vide this application, the petitioner has placed on record statement of Jaswant Singh-complainant who appeared as PW-3, in compliance of the order dated 06.06.2022.

Application is allowed, subject to all just exceptions.

Annexure P-5 is taken on record.

Main case

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.0015 dated 25.01.2020, registered under Sections 342, 365, 395, 397, 506 and 412 of IPC and Section 25 of Arms Act, at Police Station Manesar, District Gurugram.

Counsel for the petitioner claims parity with co-accused Jabir, who has been granted concession of regular bail in CRM-M-27323-2020 vide order dated 06.04.2022.

As per the allegations in the FIR, on 23.01.2020, truck of the complainant was looted. A mobile phone and Rs.7,000/- in cash were snatched from complainant. He was taken to a place after blindfolding him and was later on released. Some arrests were made including that of Jabir. Jabir suffered disclosure statement, wherein he named the present petitioner.

The petitioner is in custody since 20.09.2020. Challan already stand presented, wherein complainant stands examined as PW-3. Co-accused Ikram as well as Jabir, who nominated the petitioner have already been granted concession of regular bail by this Court.

Counsel for the State is not in a position to distinguish the case of the petitioner from that of Jabir.

Without commenting on the merits of the case and purely on the parity with Jabir, the present petition is allowed and the petitioner namely Junaid @ Bhuri is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.

Nothing observed herein shall be construed to be an expression of an opinion on the merits of the case.