Narender @ Bacchi vs State Of Haryana

Anoop Chitkara, J

FIR No.

Dated

Police Station

Sections

899

6.11.2021

Barwala, District

Hisar

120-B/201/307/34/216 IPC and 25 Arms

Act

The petitioner, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

In paragraph 14 of the bail application, the accused declares the following criminal antecedents as per copies of judgments attached with Annexure P-10:

Sr. No.

FIR No.

Date

Offences

Police Station

1

324

14.8.2010

174A IPC

Barwala

2

265

4.8.2008

323/325/341/354 IPC

Barwala

3

323

14.8.2010

174a IPC

Barwala, Hisar

4

421

23.11.2008

148, 149, 323, 307, 427 IPC

& 25 Arms Act

Barwala

5

156

31.3.2009

398, 401 IPC and 25 Arms

Act

Barwala

The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

While opposing the bail, the contentions on behalf of the State are that given the criminal past, the accused is likely to indulge in crime once released on bail.

REASONING:

In Paramjeet Singh v. State of Punjab, CRM-M 50243 of 2021, this court observed,

While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles.

The petitioner along with his two/three gang members fired upon the complainant, which whiskered past his forehead. The petitioner has a criminal history of heinous and grave crimes. The petition does not refer to any averment based on which this court is assured that if this recidivist is released on bail, then he shall not indulge in criminal behavior.

A perusal of the bail petition and the documents attached prima facie points towards the petitioner’s involvement and does not make out a case for bail and he is neither entitled to bail on merits nor on the grounds of prolonged pre-trial incarceration. Any further discussions are likely to prejudice the petitioner; this court refrains from doing so.

Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

Petition dismissed. All pending applications, if any, stand disposed of.

However, trial Court is requested to expedite the trial.