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2021 DIGILAW 1093 (PNJ)

Antil @ Ankit v. State of Haryana

2021-06-29

ARUN KUMAR TYAGI

body2021
Judgment Mr. Arun Kumar Tyagi, J (Oral):- (The case has been taken up for hearing through video conferencing.) 2. The petitioner has filed the present (first) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.277 dated 11.03.2020 registered under Sections 148, 120-B, 186, 201, 307, 323, 324, 332, 353 and 506 read with Section 149 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 at Police Station City Sonipat. 3. The petitioner being in custody has filed the present petition for grant of regular bail. 4. The petition has been opposed by the respondent-State in terms of status report filed by way of affidavit of Dr. Ravinder Kumar, HPS, Deputy Superintendent of Police, City Sonipat in the Registry of this Court which is taken on record. 5. I have heard learned Counsel for the petitioner and learned State Counsel and have gone through the relevant record. 6. Learned Counsel for the petitioner has submitted that the petitioner was not named in the FIR and has been subsequently falsely implicated in the case. As per the prosecution version, the petitioner was armed with danda and is alleged to have given danda blow to Ajay. No medico legal examination of injured Ajay was conducted. Injuries allegedly caused to Ajay were simple in nature. The petitioner is in custody since 25.05.2020. The trial is likely to take long time due to restrictions imposed to prevent spread of Covid-19. No useful purpose will be served by further detention of the petitioner in custody. Therefore, the petitioner may be granted regular bail. 7. On the other hand, learned Counsel for the petitioner has submitted that the petitioner is the main offender who had the motive to commit the subject offences and along with other persons caused injuries to Ram Chander, Suraj and Ajay. Injuries caused to Ram Chander and Suraj were declared to be dangerous to life. In view of the nature of accusation and gravity of the offences, the petitioner does not deserve grant of regular bail. Therefore, the petition may be dismissed. 8. Injuries caused to Ram Chander and Suraj were declared to be dangerous to life. In view of the nature of accusation and gravity of the offences, the petitioner does not deserve grant of regular bail. Therefore, the petition may be dismissed. 8. Keeping in view the facts and circumstances of the case, nature of accusation and evidence against the petitioner, role attributed to him and the fact that conclusion of the trial is likely to take long time due to restrictions imposed to prevent the spread of Covid-19, but without commenting on the merits of the case, I am inclined to extend the concession of regular bail to the petitioner. 9. Accordingly, the petition is allowed and the petitioner is ordered to be released on regular bail on furnishing of personal and surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.