Shiv Rashter vs State of Haryana

Rajan Gupta, J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner vide FIR No. 142 dated 01.05.2010 under Sections 307, 506 read with Section 34 IPC and Section 25 of the Arms Act at Police Station Ganaur, District Sonipat.

Learned Counsel for the Petitioner contends that Petitioner was not named in the FIR and due to the alleged gun shot no injury was caused to anybody. He submits that Petitioner is in custody since 02.05.2010 and trial of the case is in progress, thus, no useful purpose would be served by detaining him in custody any longer. According to him, main accused (Sandeep) is in custody.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioner are serious. He submits that name of the Petitioner figured in the disclosure statement of co-accused Sandeep.

Heard.

It is evident that trial of the case is in progress and certain prosecution witnesses have already been examined. The Petitioner is stated to be in custody since 02.05.2010. Keeping in view the facts and circumstances of the case and the fact that trial may still take some time to conclude, I am of the considered view that no useful purpose would be served by detaining the Petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner. Accordingly, the petition is allowed and Petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sonipat.