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Judgment
16 paragraphs · 282 wordsHari Pal Verma, J
Prayer in the present petition filed under Section 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioner in case FIR
No.233 dated 14.10.2019 under Sections 379-B, 473, 411 and 34 IPC registered at Police Station Nathana Bathinda, District Bathinda.
Learned counsel for the petitioner has submitted that the petitioner and the complainant were otherwise known to each other and the complainant used
to get his motorcycle repaired from the petitioner. The allegation against the petitioner is that the petitioner along with other co-accused stopped the
complainant, when he was going on his motorcycle. They snatched his motorcycle along with a cash amount of Rs.1500/- and mobile phone. He has
further submitted that it is for the reason that the petitioner may not come out of the cases registered against him, the present FIR has been registered
against him. The petitioner is in custody since 20.10.2020.
Learned State counsel does not dispute the custody of the petitioner. However, he submits that the petitioner is involved in three other cases of similar
nature.
I have heard learned counsel for the parties.
Considering the fact that the petitioner is in custody since 20.10.2020 and the petitioner and the complainant were known to each other, this Court
finds that culpability of the petitioner with regard to the allegations so levelled in the present FIR is required to be established during the trial and
therefore, this Court deems it appropriate to release the petitioner on regular bail.
Accordingly, the present petition is allowed and the petitioner is admitted on regular bail, subject to furnishing of his bail bonds/surety bonds to the
satisfaction of trial Court.