Punjab-Haryana High Court
Nitesh Alias Sachin vs State Of Haryana on 4 July, 2023
SANDEEP GROVER
2023.07.04 16:13
CRM-M No.49295 of 2022 (O&M) 2023: PHHC:083700
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
213(2)
CRM-M No.49295 of 2022 (O&M)
DATE OF DECISION: 04" JULY, 2023
Nitesh @ Sachin
.... Petitioner
Versus
State of Haryana
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present: | Mr. Rakesh Dhiman, Advocate
for the petitioner.
Mr. Krishan K.Chahal, Addl. Advocate General, Haryana.
3K OK Ok 2
RAJBIR SEHRAWAT, J. (Oral)
1. The present petition has been filed by the petitioner under
Section 439 Cr.P.C for grant of bail pending trial in case FIR No.156
dated 07.03.2022 registered under Sections 302, 120-B, 201, 212, 34 of
IPC and Sections 25, 27 of Arms Act at Police Station Shivaji Colony,
District Rohtak.
2. It is submitted by the counsel for the petitioner that the case
against the petitioner is totally concocted and fabricated. The petitioner is
not involved in the crime at all. The mobile phone is shown to have been
recovered from the petitioner without there being any material to show
that the said mobile phone was used in commission of crime. Moreover,
the allegation against the petitioner is only qua giving shelter to the co-
accused, even that before commission of the crime. The petitioner is in
| attest to the accuracy and
integrity of this order/judgment. -l-
CRM-M No.49295 of 2022 (O&M) 2023: PHHC:083700
custody since 11.03.2022. The investigation of the case is already over.
The petitioner is not required for any investigation purposes. There is no
other case registered against the petitioner. Hence, the petitioner deserves
to be released on bail pending trial.
3. On the other hand, learned State Counsel, on instructions
from the concerned police official, submits that the petitioner is involved
in a heinous crime, therefore, he does not deserve any concession of bail.
However, it is not disputed by learned State counsel that the petitioner is
not alleged to have been directly participated in the commission of crime
and the allegation against the petitioner is only regarding providing
shelter to the main accused, even that before the commission of crime. It
is also not disputed that there is no other case against the petitioner and
that the petitioner is in custody since 11.03.2022.
4. In view 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.
04™ JULY, 2023 (RAJBIR SEHRAWAT)
'sandeep' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
SANDEEP GROVER
2023.07.04 16:13
| attest to the accuracy and
integrity of this order/judgment. -2-
