Punjab-Haryana High Court
Vicky @ Vikram vs State Of Haryana on 10 August, 2023
Neutral Citation No:=2023:PHHC:103764
CRM-M-18136-2023 2023:PHHC:103764 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
223
CRM-M-18136-2023 (O&M)
Date of decision: 10.08.2023
Vicky @ Vikram
..Petitioner
Versus
State of Haryana
..Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Naveen Kashyap, Advocate for the petitioner.
Mr. Baljinder Singh Virk, Sr. DAG, Haryana.
***
AMAN CHAUDHARY, J.
1. Prayer in the present petition filed under Section 439 Cr.P.C.
is for grant of regular bail to the petitioner in FIR No.625 dated
23.07.2022, registered under Sections 379-B and 34 IPC, at Police Station
Indri, District Karnal.
2. Learned counsel contends that the petitioner is in custody for
about a year. He has been falsely implicated. His name surfaced based on
the disclosure statement of a co-accused, who is in custody. Charges
stand framed on 17.11.2022 but out of 7 prosecution witnesses, none has
been examined. The petitioner is involved in two more cases, wherein he
is on bail. In this regard, reliance is placed on the judgment of Hon'ble
The Supreme Court in Maulana Mohd. Amir Rashadi vs. State of U.P.
and others, 2012(2) SCC 382.
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3. The custody certificate dated 09.08.2023, filed by learned
State counsel is taken on record. As per the same, the petitioner is behind
bars for 11 months and 25 days.
4. Learned State counsel opposes the bail on the ground that the
petitioner had actively participated in the commission of offence and
recovery of Rs.800/- was effected from him. He is, however, unable to
controvert the submissions made regarding the custody, stage of the trial
and the petitioner being on bail in other cases is concerned.
5. Heard.
6. Hon'ble The Supreme Court in the case of Maulana Mohd.
Amir Rashadi (Supra) had held that, "As observed by the High Court,
merely on the basis of criminal antecedents, the claim of the second
respondent cannot be rejected. In other words, it is the duty of the Court to
find out the role of the accused in the case in which he has been charged
and other circumstances such as possibility of fleeing away from the
jurisdiction of the Court etc."
7. Keeping the facts and circumstances of the case in view,
particularly the custody of the petitioner being 11 months and 25 days; his
name surfaced based on disclosure statement of the co-accused; on bail in
other cases; though charges were framed on 17.11.2022, however, none
out of 7 witnesses have yet been examined; the trial is likely to take a
considerable time, his further incarceration would not serve any useful
purpose, the present petition for grant of regular bail deserves to be
allowed.
8. As a result, the present petition is allowed. The petitioner is
ordered to be released on regular bail, subject to his furnishing bail/surety
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bonds to the satisfaction of trial Court/Duty Magistrate concerned and
subject to his not being required in any other case. The petitioner shall
abide by the following conditions:-
(i) The petitioner will not tamper with the evidence
during the trial.
(ii) The petitioner will not pressurize/ intimidate the
prosecution witnesses.
(iii) The petitioner will appear before the trial Court
on each and every date fixed, unless is exempted
by a specific order of Court.
(iv) The petitioner shall not commit an offence
similar to the offence of which, he is an accused,
or for commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly
coerce, induce, threaten or promise to any
person acquainted with the facts of the case so
as to dissuade him/her from disclosing such
facts to the Court or to any police officer or
tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse
his liberty.
(vii) The petitioner shall furnish his address and
mobile number to the Trial Court forthwith and
shall not change the same till the conclusion of
the trial and in case for any reason, the
petitioner seeks to change any of the aforesaid,
the same shall be done only with prior
intimation to the learned Trial Court, stating the
reason for the same.
(viii) The petitioner shall not leave the country
without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose
any other condition, as deemed appropriate
while releasing the petitioner.
9. It is made abundantly clear that in case there is any breach of
the aforesaid conditions, the State shall be at liberty to seek cancellation
of bail as granted to the petitioner by this order.
10. In view of the above, it is clarified that the observations
made herein are limited for the purpose of present proceedings and would
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not be construed as an opinion on the merits of the case and the trial
would proceed independently of the aforesaid observations.
( AMAN CHAUDHARY )
10.08.2023 JUDGE
ashok
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:103764
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