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Naresh Kumar @ Nesa vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 17 September 2020 · Citation: (2020) 09 P&H CK 0083

HON’BLE JUDGES
Anupinder Singh Grewal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 120B, 307, 452 · Arms Act, 1959 — Section 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 15561 Of 2020
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Judgment

7 paragraphs · 270 words

Anupinder Singh Grewal, J

The petitioner is seeking regular bail in FIR No.1304 dated 27.12.2019, under Sections 307, 34, 120-B, 452 IPC (Section 452 IPC added later on) and Section 25 of the Arms Act, registered at Police Station Sadar, Karnal.

Learned counsel for the petitioner, INTER ALIA, contends that the petitioner is not named in the FIR and has been arraigned as an accused on the statement of co-accused, namely, Rahul made before the police. He further contends that similarly situated co-accused, namely, Lovepreet Singh has been granted regular bail by the Coordinate Bench of this Court in CRM-M-24959 of 2020, on 03.09.2020. Learned counsel also contends that the petitioner is in custody for over 09 months since his arrest on 02.01.2020.

Learned State counsel, however, contends that the petitioner was found to be present at the place of occurrence and is involved in several other cases. She also contends that although challan has been filed but charges are yet to be framed.

Heard through video conferencing.

In view of the submissions of the learned counsel for the petitioner, especially when the petitioner is in custody for over 09 months; similarly situated co-accused has been granted regular bail; 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.