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Judgment
16 paragraphs · 348 wordsManjari Nehru Kaul, J
The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 598, dated 30.07.2019, under
Sections 323, 34, 341, 506 IPC and Section 3(2)(V) of the SC/ST Act, 1989, registered at Police Station Bhiwani City, District Bhiwani, Haryana.
Learned counsel for the petitioner contends that a false case has been foisted upon the petitioner on the basis of a fabricated version. While referring
to the FIR in question, it has been submitted by the learned counsel that the petitioner has been attributed only simple injuries with a stick attracting the
mischief of Sections 323, 324 IPC. It has been further submitted that mischief of Section 3(2)(V) of the SC/ST Act, is not attracted in the case in
hand, as admittedly the complainant does not belong to SC/ST category. Thus, a prayer has been made to extend the concession of regular bail to the
petitioner, as he has been in custody since 05th December, 2019 and only challan has been presented till date.
Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI
Sushil Kumar, has apprised the Court that the charges are likely to be framed in the near future. However, learned State counsel has not been able to
controvert the factum of the complainant not belonging to the SC/ST category, so as to attract the mischief of Section 3(2)(V) of the SC/ST Act.
Heard.
In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as
the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is
allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed
hereinabove shall not be construed as an expression of opinion on the merits of the case.