Neeraj vs The State of Haryana

Rajan Gupta, J.—This is a petition u/s 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 120-B, 363 and 366-A IPC at Police Station Kundli, District Sonepat, vide FIR No. 62 dated 18th March, 2008.

Learned counsel for the petitioner submits that petitioner has been in custody since 5th March, 2009 and the trial is still at its initial stage, thus, the petitioner deserves to be enlarged on bail.

Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. He, however, does not dispute the fact that the challan has been presented before the competent court and one prosecution witness has already been examined.

Keeping in view the facts and circumstances of the case and the period of incarceration already undergone by the petitioner, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody during the pendency of the trial as the trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Sonepat.