Rajpal @ Raju vs State Of Haryana

Girish Agnihotri, J

The matter has been taken up through video conferencing on account of lockdown due to outbreak of COVID-19 pandemic.

The petitioner Rajpal @ Raju who is stated to be aged 30 years has filed the present petition INTER ALIA with a prayer for grant of regular bail. He

has been allegedly involved in case FIR No.371 dated 12.11.2019 under Sections 379-B/34 IPC and Section 25 of the Arms Act registered at PS

Khol, District Rewari.

At the outset, learned counsel for the petitioner makes an oral request that Section 420/411 IPC were subsequently added. In view of the present

peculiar circumstances, he prays that the Registry may be directed to carry out necessary correction/amendment in the heading as well as in the

prayer clause of the petition. So ordered.

Learned counsel based upon the pleadings submits that the FIR was initially lodged against the unknown persons. It is a case where there is no

allegation of any injury caused. He further submits that in any case, the petitioner is not the main accused as per the prosecution. Counsel submits that

the petitioner was arrested on 14.11.2019 and challan in this case has been presented on 06.02.2020 and since then, no substantial progress has taken

place because of the present COVID-19 situation.

Notice of motion.

On the asking, Mr. Sukhdeep Parmar, DAG, Haryana accepts notice through video conferencing.

Learned State counsel, however, on the other hand, submits that the petitioner was identified and an amount of Rs.19,800/- was allegedly snatched by

the petitioner.

Faced with this, counsel then submits that due to COVID situation retention of the petitioner in jail is dangerous to his life and otherwise also the trial is

likely to take some time.

In view of the above, this Court deems it appropriate to release the petitioner on regular bail subject to his furnishing adequate bail bonds/surety bonds

to the satisfaction of the Duty Magistrate/trial court concerned.

In view of the peculiar circumstances as noticed above, in addition to bail bonds/additional surety which the trial court may further require the

petitioner to furnish as it deems appropriate, the petitioner is directed to furnish FDR of Rs.20,000/- in his name valid for two years before the Duty

Magistrate/trial Court which shall await further orders of this Court.

However, it is made clear that anything observed herein shall not be construed to be an expression on merits of the case.

Disposed of.