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2014 DIGILAW 329 (PNJ)

Monu v. State of Haryana

2014-02-11

RAM CHAND GUPTA

body2014
JUDGMENT Mr. Ram Chand Gupta, J. (Oral):- This order will dispose of both the aforementioned petitions filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.341 dated 23.09.2012, under Sections 394/397/450/216A/412 IPC and Section 25 of the Arms Act, 1959, registered at police station Sadar Rohtak, District Rohtak. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Rohtak dismissing the bail applications filed on behalf of the petitioners. 3. It has been contended by learned counsel for petitioner-accused, Monu that he has been continuing in custody since 13.11.2012 and that all the five material witnesses did not support the prosecution version. Rather, they deposed that present petitioner is not one of the accused, who committed robbery in their house. It is further contended that his case is similar to coaccused, Ashu @Pardeep, who has already been allowed concession of bail by this Court. 4. It has been contended by learned counsel for petitioner-accused, Sanjay @Tinku that he has been continuing in custody since 05.10.2012 and that all the five material witnesses did not support the prosecution version. Rather, they deposed that present petitioner is not one of the accused, who committed robbery in their house. It is further contended that his case is also similar to co-accused, Ashu @Pardeep, who has already been granted bail by this Court. 5. This factual position has not been disputed by learned counsel for respondent-State, on instruction from ASI Rajvir Singh. 6. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 7. Hence, keeping in view these facts and without expressing any opinion on merits, both the instant applications for regular bail filed on behalf of Monu and Sanjay @Tinku are accepted. 8. Bail to the satisfaction of CJM/Duty Magistrate, Rohtak. ---------0.B.S.0------------