Naresh Kumar and Another vs State of Punjab

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 Petitioners vide FIR No. 307 dated 04.12.2010 under Sections 307, 34 IPC read with Section 25 of the Arms Act at Police Station City, Rajpura.

Learned Counsel for the Petitioners submits that he does not press the present petition in respect of Petitioner No. 2 (Darshan Singh) at this stage.

Dismissed as not pressed qua Petitioner No. 2.

As regards Naresh Kumar (Petitioner No. 1), learned Counsel submits that only allegation against him is that he was present on the spot. According to him, no injury is attributed to the said accused. He contends that Petitioner is in custody since 03.12.2010 and investigation of the case Criminal Misc. No. M-9607 of 2011 2 has been completed, thus, no useful purpose would be served by detaining the Petitioner No. 1 in custody any longer.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioners are serious. He, however, does not dispute the fact that investigation of the case has been completed and challan presented before the competent court of jurisdiction.

Keeping in view the aforesaid contentions, period of incarceration of Petitioner No. 1 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 No. 1 in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to Petitioner No. 1. Accordingly, the petition is allowed in respect of Petitioner No. 1 (Naresh Kumar) and he is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala.