Rajinder Kumar @ Vicky vs State of Haryana

Rajan Gupta J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner vide FIR No. 139 dated 08.07.2010 under Sections 399, 402 IPC and Section 25 of the Arms Act at Police Station Kalanbwali, District Sirsa.

Learned Counsel for the Petitioner contends that Petitioner has been in custody for more than 06 months. According to him, only a rod was recovered from the Petitioner. He submits that pistol etc were recovered from other accused who are still in custody. He, therefore, prays that Petitioner is entitled to be enlarged on bail.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioner are serious in nature. He, however, does not dispute the fact that Petitioner is not involved in any other case though the co-accused are involved in other cases of similar nature.

Heard.

Keeping in view the fact that Petitioner has been in custody for more than 06 months and only rod is allegedly to have been recovered and the fact that Petitioner is stated to be not involved in any case of similar nature, I am of the considered view that no useful purpose would be served by detaining the Petitioner in custody during its pendency. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner. Accordingly, the petition is allowed and Petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sirsa.