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Judgment
Manjari Nehru Kaul, J
The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.0113, dated 22.07.2020 under
Sections 307, 395, 324, 323, 506, 148 and 149 of the Indian Penal Code, 1860, registered at Police Station City Jalalabad, District Fazilka.
The learned counsel for the petitioner submits that the petitioner has been in custody since 24.07.2020 and there is no likelihood of the trial concluding
any time in the near future as only challan has been presented till date. Learned counsel further submits that the petitioner has been falsely implicated
in the case in hand and attributed injury with kapa on the eye of the injured, which was opined to be grievous and dangerous to life and another injury
on the left knee of the injured, which was opined to be simple in nature.
Per contra, learned State counsel while opposing the prayer and submissions made by the learned counsel for the petitioner on instructions from ASI
Bhajan Singh has submitted that the delay in the trial has been on account of the outbreak of the pandemic COVID-19 and charges are likely to be
framed on the next date of hearing before the trial Court i.e., 05.02.2021.
Heard.
In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as
the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is
allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed
hereinabove shall not be construed as an expression of opinion on the merits of the case.