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2010 DIGILAW 2019 (PNJ)

Mubarik v. State of Haryana

2010-07-12

RAJAN GUPTA

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JUDGMENT Rajan Gupta, J. (Oral):- This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 399, 402 IPC and Section 25/54/59 of Arms Act at Police Station Hodal, District Faridabad (now Palwal), vide FIR No.212 dated 8th July, 2009. 2. Learned counsel for the petitioner has argued that only allegation against the petitioner is that he was preparing to commit dacoity. He submits that the investigating agency has already completed the investigation and thus, no useful purpose will be served by detaining the petitioner in custody any longer. This apart, he submits that weapon of offence i.e. iron rod (Saria) has been recovered from the petitioner. 3. Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. 4. I have heard learned counsel for the parties and given careful thought to the facts of the case. 5. Keeping in view the facts and circumstances of the case and the fact that the investigating agency has already completed the investigation and presented the challan before the competent court, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody during the pendency of the trial as the trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Faridabad. ---------------