Shivam vs State Of Haryana
2023 Latest Caselaw 11590 P&H

RAJ KUMAR
2023.08.02 17:45

2023:PHHC:098602

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
221
CRM-M_No.36138 of 2023
DATE OF DECISION : 1% August, 2023
Shivam
.... Petitioner
Versus
State of Haryana
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
ke*E*K

Present: | Mr. Sanyam Khetarpal, Advocate for the petitioner.

3K OK OK 2
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 439 of the Code of Criminal Procedure, for grant of bail pending trial in case FIR No.390 dated 05.10.2022 registered under Sections 419, 420, 467, 468 & 471 of the IPC at Police Station Faridabad Central, District Faridabad.

2. It is submitted by learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner is not involved in the crime as alleged against him. Even as per the story of the prosecution the petitioner had identified one Rajinder Singh, who stood surety for bail in favour of one accused. However, the petitioner had identified that person only as per the Aadhar card then presented by the said person. The petitioner is in custody since 28.05.2023. The petitioner is not required for any investigation purposes. Therefore, the petitioner deserves to be released on bail pending trial.

3, Notice of motion.

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CRM-M _No.36138 of 2023 2023:PHHC:098602

4. Mr. Karan Sharma, DAG, Haryana, accepts notice on behalf of the respondent-State and has submitted that the petitioner has committed a fraud upon the court. Therefore, he does not deserve any concession of bail. However, it is not disputed that the petitioner is in custody from 28.05.2023 and is not required for investigation purposes.

5. In view of the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty

Magistrate, concerned.

1* August, 2023 (RAJBIR SEHRAWAT) 'raj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

RAJ KUMAR

2023.08.02 17:45

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