Sandeep vs State of Haryana

Ram Chand Gupta, J.—This is an application for regular bail filed u/s 439 of the Code of Criminal Procedure in FIR No. 410 dated 06.11.2011 registered under Sections 307, 420 read with Section 34 of Indian Penal Code and Section 25 of Arms Act, 1959, registered at Police Station Sampla, District Rohtak. I have heard Learned Counsel for the parties and gone through the record.

It has been argued by Learned Counsel for the petitioner that it is a case of no injury and that petitioner has been continuing in custody since 09.11.2011. It is further contended that trial is not likely to be concluded in near future as one witness i.e. Complainant has been examined so far. It has also been contended that co-accused Ashish @ Ashi has already been released on bail by this Court vide order dated 28.05.2012 in criminal misc. No. M-9174 of 2012.

Bail application has been opposed by Learned Counsel for the State as well as by Learned Counsel for the complainant on the plea that petitioner is involved in some other cases as well. It has also been stated by Learned Counsel for the complainant that petitioner has raised threat to the complainant in the trial Court when he was examined.

However, no such plea has been taken by Learned Counsel for the State.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioner Sandeep is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Rohtak.