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Judgment
19 paragraphs · 376 wordsLalit 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-Sanyam in case FIR No.277 dated 30.06.2020 under Sections 323,
324 and 307 IPC read with Section 34 IPC, registered at Police Station Quilla Panipat, District Panipat.
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 petitioner was not named in the FIR. He further urges that petitioner is in custody since 08.07.2020 and he is no more required
by the Police for any investigation purpose. He further submits that after completion of investigation, challan has been presented in Court and trial has
already commenced, wherein testimonies of material witnesses namely PW Jahid (complainant) and PW Matloob (injured) have already been
recorded and they have not supported the cause of prosecution. 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 and gone through the contents of petition.
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 08.07.2020; 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-Sanyam is allowed and he is ordered to be released on bail on his
furnishing personal bond and surety bond to the satisfaction of Trial Court/ Chief Judicial Magistrate/Duty Magistrate, Panipat, as the case may be.