Manoj @ Takla vs State of Haryana

Rajan Gupta, J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner vide FIR No. 49 dated 15.03.2010 under Sections 147, 149, 323, 307 and 452 IPC and Sections 25/54/59 of the Arms Act at Police Station City Rewari, District Rewari.

Learned Counsel for the Petitioner contends that Petitioner has been in custody since 21.04.2010. According to him, material prosecution witnesses have already been examined and co-accused have been granted the concession of bail. He submits that no useful purpose would be served by detaining the Petitioner in custody during the tendency of trial.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioner are serious. He has referred to supplementary statement of complainant (Govind) to contend that Petitioner is the main accused in the case.

I have heard learned Counsel for the parties.

Admittedly, the Petitioner is in custody for almost one year now and material prosecution witnesses have already been examined. Keeping in view the period of incarceration and the fact that trial may still take some time to conclude, I am of the considered view that no useful purpose would be served by detaining the Petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner. Accordingly, the petition is allowed and Petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Rewari.