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Judgment
10 paragraphs · 368 wordsHari Pal Verma, J
The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.
The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.185 dated 19.02.2020 under Sections 406, 420, 467, 468, 471 and 506 read with Section 34 IPC registered at Police Station Model Town, Panipat, District Panipat.
Learned counsel for the petitioner submits that the aforesaid FIR was registered at the behest of Sandeep Kumar and now, he has been made as an accused. The petitioner is in custody since 11.01.2021 and the case is triable by Magistrate. Learned Additional Sessions Judge, Panipat has dismissed the bail application of the petitioner on the premise that the investigation is still going on and the Challan is yet to be presented in Court and in case the petitioner is released on bail, he can escape by misusing the concession of bail. He further submits that the Challan has been presented in Court and the conclusion of trial will take sufficient long time.
Learned State counsel, on instructions from SI Shri Krishan, does not dispute the custody of the petitioner and the fact that the Challan has been presented in the case.
I have heard learned counsel for the parties.
Noticing the fact that the case is triable by Magistrate and the petitioner is in custody since 11.01.2021 coupled with the fact that the Challan has been presented in the Court and the trial is not likely to be concluded in near future, this Court deems it appropriate to admit the petitioner on bail.
Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Court.
It is made clear that during the trial, the petitioner shall not leave the country without prior permission from the Court and he shall not try to influence the prosecution witnesses in any manner.
The observations made hereinabove shall not be construed as any expression of opinion on the merits of the case. The trial Court shall decide the case without being influenced with these observations in any manner.