Rakesh Kumar vs State Of Punjab

Manoj Bajaj, J

Petitioner has filed this petition under Section 439 Cr.P.C for grant of regular bail, pending trial in case FIR No.47 dated 02.03.2019 registered under

Sections 325/326/341/307/148/149/120-B IPC, 1860 and (Sections 420/419/467/468/471 IPC added later on), at Police Station Division No.6, District

Police Commissionerate Ludhiana. The petitioner is in custody since his arrest on 27.10.2020.

The FIR was registered on the statement of Sushil Kumar Goel, wherein it was alleged that he used to work as Clerk (Munshi) with Advocate

Kulwinder Singh, Bar Room No.1002 in the Courts. On 02.03.2019, when he alongwith his friend Ishwar Singh, on his Activa scooter reached at the

office of ADCP-2, Sherpur with regard to a complaint moved by him, there, the opposite party Gaurav Handa and Deepak Kumar were also present.

After attending the office for some time, when they both were returning and reached at some distance ahead from Dada Motor, then six persons on

three motor-cycles encircled them, who were armed with kirpan, datar, baseball bat and other sharp edged weapons and gave beatings to the

complainant. On raising noise, when the people started gathering there, the accused persons fled away with their respective weapons.

Learned counsel for the petitioner contends that originally the FIR was registered for commission of offences against human body and in the said

occurrence, the petitioner was not involved. He has submitted that subsequently after a year and seven months, the offences punishable under

Sections 420/419/467/468/471 IPC were added. According to him, the accused involved in the original occurrence, had used the SIM cards, which

were found to have been issued on the basis of fake documents. Learned counsel has argued that the petitioner is only a retailer and sold the SIM

connections after verifying the documents of the consumer. He submits that the similarly situated co-accused have already been released on bail and,

therefore, the further custody of the petitioner may not be necessary, as the investigation is complete. He prays for grant of bail.

On the other hand, learned State counsel, who is assisted by ASI Lakhbir Singh, has opposed the prayer, however, he does not dispute this fact that

the petitioner has been indicted as an accused on the basis of the newly added offences. He further submits that the investigation of the case is

complete.

After hearing the learned counsel for the parties, this Court finds that the investigation of the case is complete and the trial is likely to take some time

to conclude. This Court is cognizant of the fact that the outbreak of pandemic COVID-19 in the region may further delay the conclusion of trial.

Admittedly, the petitioner is presently confined in judicial custody since 27.10.2020, therefore, his further detention may not be necessary for any

useful purpose.

Resultantly, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail in the

above case, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate Ludhiana.

The petition is allowed.