Sharavan @ Kana vs State of Haryana

This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 187 dated

28.10.2017, under Section 392 IPC and Section 25/54/59 of the Arms Act, registered at Police Station Tigaon, Faridabad.

Learned counsel for the petitioner submits that the petitioner was known to the complainant as he had some dealing with one of the close associates of

the complainant and, therefore, while recording the FIR, the complainant could have named him at the very first instance.

Learned counsel for the petitioner further submits that petitioner is not involved in any other case and he is working as a tractor driver. It is further

submitted that petitioner is in judicial custody since 04.04.2018 and challan stands presented and no prosecution witness has been examined so far.

In reply, learned State counsel, on instructions from ASI Devinder Kumar, submits that two of the co-accused of the petitioner are yet to be arrested,

however, he has not disputed that no prosecution witness has been examined so far.

I have heard learned counsel for the parties.

Without commenting upon the merits of the case, considering the facts that petitioner is in judicial custody since 04.04.2018 and he is not involved in

any other case and also considering the fact that conclusion of the trial is likely to take some time as no prosecution witness has been examined so far,

the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial

Court/Duty Magistrate concerned.