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Judgment
17 paragraphs · 336 wordsSudip Ahluwalia, J
The present petition has been filed under Section 439 of the Code of Criminal Procedure by the petitioner, seeking regular bail in case FIR No.170
dated 23.06.2020, under Sections 376, 452, 506, 323 and 34 of the IPC, registered at Police Station Barauda, Tehsil Gohana, District Sonipat.
At the outset, Ld. Counsel for the complainant submits that his client has no objection to release of the petitioner on bail at this stage, since the
parties concerned happen to be close neighbours. The Affidavit dated 03.12.2020 of the complainant â€" Smt. Mukesh in this regard has been filed as
Annexure P-3.
It transpires that the petitioner has remained in detention for more than six months, since 23.06.2020. After completion of investigation, challan
against him has already been submitted, but the trial is yet to commence.
Attention of the Court is also drawn to the fact that the present FIR was lodged as a counter-blast to FIR No.168 dated 23.06.2020, against the
complainant's family members by the petitioner himself, in which challan has been finally submitted against eight accused persons, who belong to the
complainant's family, including her own husband Wazir, for having allegedly committed offences punishable under Sections 25, 29, 30, 54 and 59 of the
Arms Act, apart from offences punishable under Sections 148, 149, 285, 323, 324 and 506 of the IPC.
The matter at this stage does appear to have been compromised between the parties, who are close neighbours. As such, without commenting any
further on the merits of the present case as a whole and in view of the detention undergone by the petitioner, as also the fact that the trial is likely to
take its own substantial time, particularly on account of the ongoing Covid-19 pandemic, the prayer of the petitioner for regular bail is allowed and he is
ordered to be released on bail, subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
Disposed off.