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Judgment
19 paragraphs · 357 words!
Lalit Batra, J
Case has been taken up for hearing through Video Conferencing.
Present petition under Section 439 Cr.P.C is for grant of regular bail to petitioner-Ramphal in case FIR No.314 dated 27.09.2020 under Sections 3(B),
4, 5 (1) (a), 6 (a), 18, 23, 29 PC and PNDT Act, 1994 and Sections 120-B and 420 IPC, registered at Police Station Dharuhera, District Rewari.
Learned counsel for the petitioner inter alia contends that version, as alleged in the FIR, is totally concocted one and there is no iota of truth therein.
He further submits that regarding the same allegations, complaint has already been moved by Civil Surgeon before the Court concerned on 12.2.2021.
He further urges that petitioner is in custody since 27.09.2020 and he is no more required by the Police for any investigation purpose. He further
submits that challan has been presented in Court and trial has already commenced. He further urges that since trial of the case would take sufficient
time to conclude, no useful purpose would be served by keeping the petitioner in custody further and he may be released on bail.
On the other hand, learned State counsel while opposing instant petition has vehemently argued that keeping in view seriousness of offence, petitioner
does not deserve the concession of bail.
I have heard learned counsel for the parties.
At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact
that petitioner is in custody since 27.09.2020; that petitioner is no more required by the Investigating Agency for investigation purpose; that challan has
already been presented in Court and since consequent trial of the case would take sufficient time to conclude, no useful purpose would be served by
detaining the petitioner in custody further, thus, he deserves the concession of bail.
In view of above, instant petition for grant of regular bail moved by petitioner-Ramphal is allowed and he is ordered to be released on bail on his
furnishing personal/surety bonds to the satisfaction of Trial Court/ Chief Judicial Magistrate/Duty Magistrate, Rewari, as the case may be.