Preeti vs State Of Punjab

Manjari Nehru Kaul, J

This is the second petition filed under Section 439 Cr.P.C for grant of regular bail to the petitioner, in case FIR No. 54 dated 27.3.2018 under Sections 302,323,325,341,506,148 IPC registered at Police Station Shaheed Bhagat Singh Nagar, Ludhiana.

Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the FIR in question which is evident from the fact that he was not named in the FIR in question which was registered soon after the occurrence in question. He further submits that even in the supplementary statement the only role assigned to the petitioner is of being present at the time of occurrence when the deceased was being inflicted injuries. Learned counsel further submits that petitioner has been in custody since 18.4.2018 and the prosecution evidence has not yet concluded. Not only this, the material witnesses, who have since been examined did not even support the case of the prosecution, as a result of which they were declared hostile.

Per contra, learned State counsel while opposing the grant of regular bail to the petitioner has not been able to controvert the factual aspects of the case and has conceded that the material witnesses including the complainant did not support the case of the prosecution and have been declared hostile.

Heard.

In view of the submissions made by learned counsel for the petitioner and keeping in view the fact that the petitioner has been in custody since 18.4.2018 and due to the outbreak of the pandemic Covid-19 the trial is unlikely to conclude in the near future, I deem it a fit case to grant the concession of regular bail to the petitioner. Therefore, without expressing anything on the merits of the case, the instant petition is allowed and the petitioner is ordered to be released on regular bail to the satisfaction of the trial court/Duty Magistrate.