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2021 DIGILAW 1238 (PNJ)

Dheeraj v. State Of Haryana

2021-07-08

ANIL KSHETARPAL

body2021
JUDGMENT Anil Kshetarpal, J. - The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. 2. This is the second petition for grant of bail pending trial in criminal case arising from FIR No.119, dated 13.04.2020, registered under Section 186, 188, 269, 270, 307, 332, 353 and 427 IPC and Sections 20 and 29 of NDPS Act, 1985, at Police Station IMT Rohtak, District Rohtak. 3. As per the case of prosecution, when the police officials tried to intercept a silver colour skoda car, the driver did not stop the vehicle despite being signaled. He tried to run over the police officials who saved themselves by jumping aside. However, the car collided with the barricade set up by the police officials. The driver attempted to put the vehicle in reverse gear and drive of and when Constable Harpal attempted to stop him, he was dragged along with the car for some distance. Ultimately, the police officials managed to stop the vehicle. As per the case of prosecution, there were two occupants and the petitioner was on the passenger seat. On search, 41 kg ganja patti was recovered. 4. The first application filed by the petitioner was dismissed on 06.10.2020. 5. No doubt, the car belongs to the petitioner's mother. However, the petitioner is in custody since 13.04.2020. As per the reply filed, the petitioner has no criminal antecedents. The charges are yet to be framed. The conclusion of trial is likely to take time as the prosecution intends to examine 22 witnesses. The petitioner is a young boy of 24 years. 6. Without commenting on merits and keeping in view that the petitioner has already suffered incarceration for a period of 1 year and 3 months, it is considered appropriate to direct the release of the petitioner subject to furnishing of bail bonds with surety of like amount to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned. 7. Accordingly, the present petition is allowed. 8. All the pending miscellaneous applications, if any, are also disposed of.