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Judgment
19 paragraphs · 365 wordsManjari Nehru Kaul, J
The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.364, dated 03.10.2020 under
Sections 392 read with Section 34 IPC (Section 379-A IPC deleted later on) registered at Police Station DLF Gurugram, District Gurugram.
In compliance of order dated 15.01.2021, status report by way of an affidavit of Karan Goel, HPS, Assistant Commissioner of Police, DLF, Gurugram
has been filed in the Registry, the same is taken on record.
A perusal of the status report reveals that indeed one other FIR No.353 dated 14.09.2020 does stands registered against the petitioner for offences
under Section 379 IPC.
Learned counsel for the petitioner submits that the petitioner has been in custody since 5th October, 2020 and only challan stands presented hence,
there is no likelihood of the trial concluding any time in the near future. Learned counsel submits that even as per the status report filed by the State,
though the petitioner is stated to be involved in another FIR No. 353 dated 14.09.2020, the offences in that case FIR are also triable by the Magistrate.
He further submits that the offence under Section 379-A stands deleted.
Per contra, learned State counsel while opposing the prayer and submissions made by the learned counsel for the petitioner on instructions from ASI
Yogesh has not been able to controvert the factum of offences under Section 379-A having been deleted. She further submits that charges are likely
to be framed in the near future and delay has been on account of the outbreak of the pandemic COVID-19.
Heard.
In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as
the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is
allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed
hereinabove shall not be construed as an expression of opinion on the merits of the case.