Ombir vs State of Haryana

Jaswant Singh, J.—Prayer u/s 439 Cr.P.C is for grant of regular bail in case FIR No. 120 dated 15.6.2010 under Sections 148/149/307/450/120B IPC and Sections 25/54/59 of the Arms Act, P.S City Dadri.

As per allegations in the FIR, Petitioner is alleged to have accompanied main accused Ninni @ Varinder to the house of the complainant on the intervening night of 14-15.6.2010 at about 12 midnight. After entering the house of the complainant main accused Ninni is alleged to have fired shots.

Learned Counsel submits that no overt act has been attributed to the Petitioner and main accused Ninni has already been released on bail. It is further submitted that investigations are over and challan has already been presented.

Learned state counsel, on instructions from SI Des Raj, concedes that main accused Ninni has been enlarged on bail and that investigations are over in this case.

Without commenting upon merit of the case and taking into account the role attributed to the Petitioner and the fact that the trial is likely to take sufficient time to conclude, I find that no useful purpose would be served by keeping the Petitioner in custody any longer.

Accordingly, petition is allowed and the Petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Bhiwani.