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Judgment
18 paragraphs · 332 wordsAnupinder Singh Grewal, J
Heard through video conferencing.
The petitioner is seeking regular bail in FIR No.78 dated 22.05.2019, under Sections 302, 201 and 34 IPC (Section 120-B IPC added later on),
registered at Police Station Dugri, District Ludhiana.
Learned counsel for the petitioner contends that the petitioner is not named in the FIR. The petitioner has been arraigned as an accused on the
statement of the co-accused Mandeep Singh. The case of the prosecution is that the co-accused Sunita Devi, who is the wife of the deceased and
Mandeep Singh were in a illicit relationship and had conspired to eliminate the deceased. There is no motive which is attributed to the petitioner. The
petitioner was in custody in another case at the time of the occurrence and it is alleged in the statement of Mandeep Singh that the petitioner had
introduced the co-accused Mandeep Singh to other persons who helped him in the commission of the offence. He also contends that the cause of
death is 1 of 2 strangulation and besides the mark on the neck, there is only one other injury on the head of the deceased. The petitioner is in custody
for over 2 years.
Learned State counsel, upon instructions from ASI Sanjiv Kumar, contends that challan has been filed but no prosecution witness has been examined.
He also contends that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail.
Heard.
In view of the above, especially when the petitioner is in custody for over 2 years, 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.
