Satnam vs State Of Haryana

Jaishree Thakur, J

This is a petition that has been filed for grant of regular bail in case FIR No.56 dated 26.03.2019 under Section 379-A IPC registered at Police Station Rajaund, Kaithal, Haryana.

Counsel for the petitioner herein would contend that the petitioner was not named in the FIR, however, he has been nominated as an accused on the basis of statement given by a co-accused namely Akash. It is further contended that no identification parade had been conducted qua the petitioner. The challan has been presented, however, the trial is not proceeding on account of COVID-19 pandemic and therefore, the petitioner is entitled to be granted concession of bail.

Learned counsel appearing for the respondent-State opposes the regular bail, who argues that no ground is made out for concession of regular bail.

I have heard learned counsel for the parties.

Since the petitioner had been nominated as an accused on the basis of statement of co-accused and the challan has already been presented coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and are not taking up ordinary hearing matters, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.