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Judgment
15 paragraphs · 283 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR
No.229 dated 13.05.2020, for offence punishable under Sections 409, 420 & 120-B of the Indian Penal Code, 1860 (in short ‘IPC’) and Section
7 of the Prevention of Corruption Act, 1988, registered at Police Station Sadar Sonipat, District Sonipat.
Counsel for the petitioner has submitted that the allegation against the petitioner is that he has received an amount of Rs.3,00,000/-from that main
accused â€" Sarpanch Ved Pal. Counsel submitted that Ved Pal has already deposited the amount of Rs.12,46,000/- in the Gram Panchayat Fund and
he has been granted the concession of anticipatory bail vide order dated 06.07.2020 passed in CRM-M-12953-2020.
Learned State counsel has not disputed the factual position. Learned State counsel further submitted that the investigation is completed, challan has
been presented.
After hearing the counsel for the parties, without commenting anything on merits of the case and considering the fact that the main accused has
already been granted the concession of anticipatory bail; challan stands presented; offences are triable by the Court of Magistrate; petitioner is in
custody since 28.09.2020 and the conclusion of the trial will take some time due to COVID-19 situation, this petition is allowed and the petitioner is
directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.
However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing
the concession of bail, in any manner.