Krishan vs State Of Haryana

Anupinder Singh Grewal, J

The petitioner is seeking regular bail in FIR No. 128 dated 13.05.2020, under Sections 302/34 IPC, registered at Police Station Badhra, District Charkhi Dadri.

Learned counsel for the petitioner contends that it is alleged that the petitioner was armed with a 'danda' and along with the other co-accused had given 'danda' blows, kicks and fist blows to the deceased. He, however, contends that at the time of the admission of the injured to the hospital by the complainant, it has been recorded in the clinical note that injuries were caused due to "fall from floor today, H/o Ingestion of alcohol substance C/o Not speaking and responding well". He further contends that the injured was taken to the hospital at 12:47 A.M. on 13.05.2020. In the FIR lodged after a few hours thereafter, a contradictory version has been recorded by the complainant. He also contends that the co-accused Ravi @ Dhillu has been granted regular bail by the coordinate Bench of this court in CRM-M-28840 of 2020 on 19.01.2021. The petitioner does not have any criminal antecedents.

Learned State counsel states that although charges have been framed but no prosecution witness has been examined. He also contends that the petitioner is in custody for a period of 1 year, 5 months and 21 days.

Heard.

In view of the above, especially when the petitioner is in custody for over 1 year and 5 months, he does not have any criminal antecedents, 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.