Bablu vs State Of Haryana
2021 Latest Caselaw 4331 P&H

CRM-M-47371-2021                                            1
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        IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH
                                        ****

CRM-M-47371-2021 Date of Decision: 10.12.2021

Bablu ..... Petitioner

Versus State of Haryana ..... Respondent

CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present: Mr. Sumit Sangwan, Advocate, for the petitioner.

Mr. Kanwar Sanjeev Kumar Sharma, DAG, Haryana.

*****

SUDIP AHLUWALIA J. (ORAL)

The instant petition has been filed under Section 439 of the

Code of Criminal Procedure seeking regular bail in case FIR No.0385, dated

17.10.2019, registered under Sections 147, 148, 149, 302, 342, 365 of the

Indian Penal Code, 1860 (Sections 120-B and 452 of the Indian Penal Code

added during investigation), at Police Station Dardi Sadar, District Charkhi

Dadri.

2. By now the petitioner has remained in detention for almost 02

years since 27.12.2019. He was not named as a culprit in the original FIR.

His complicity has transpired only from the disclosure statement of co-

accused, Amarjeet.

3. No recovery of any incriminating material was effected from

him.

4. Trial in the case has yet to start. Even the charges have not been

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framed.

5. Submission of Ld. Counsel is that his client stand on identical

footing with co-accused Anirudh @ Rinku who was granted regular bail in

CRM-M-4797 of 2021 on 12.10.2021. The petitioner, therefore, approached

the learned Court of Sessions for regular bail but his prayer was rejected by

the learned Additional Judge, Charkhi Dadri in his impugned order dated

01.11.2021 by observing that the petitioner cannot claim parity with the co-

accused Anirudh @ Rinku since he has also been involved in other two

criminal cases being FIR No.81 dated 19.06.2016 under Section 61 of the

Excise Act, Police Station Behal and FIR No.167 dated 20.12.2016, under

Sections 323, 506, 34 IPC, Police Station Behal.

6. Learned counsel for the petitioner submits that the petitioner

has since been acquitted in both the aforesaid cases and also tenders a copy

of the detailed judgment passed by the learned SDJM, Mohali vide which he

was acquitted in the subsequent FIR NO.167 dated 20.12.2016.

7. In such circumstances, further detention of the Petitioner for an

indefinite period, after he has already remained incarcerated for almost 02

years, at this stage, is certainly not called for. He is therefore permitted to be

now released on bail subject to appropriate terms and conditions to the

satisfaction of the Ld. Trial Court/ Duty Magistrate concerned.

8. Disposed off.

10.12.2021                                            (SUDIP AHLUWALIA)
manju                                                         JUDGE

1. Whether speaking/reasoned: Yes/No

2. Whether reportable: Yes/No

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