Punjab-Haryana High Court
Rahul vs State Of Haryana on 5 July, 2023
CRM-M-20392-2023 (O&M)
106 2023:PHHC:085841
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-26744-745-2023 in/and
CRM-M-20392-2023 (O&M)
Date of decision: July 05, 2023
Rahul
....Petitioner
versus
State of Haryana
....Respondent
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:- Mr. S.K. Bishnoi, Advocate
for the applicant/petitioner.
Ms. Svaneel Jaswal, Addl. A.G., Haryana.
*****
ARUN MONGA, J. (ORAL)
CRM-26745-2023
For the reasons stated in application, same is allowed subject to
all just exceptions. Document (Annexure P-3) is taken on record.
CRM-26744-2023
For the reasons stated in application, same is allowed. Main
case, which is slated for hearing on 09.08.2023, is taken up on board for
hearing today itself.
Main Case
Petitioner seeks bail in criminal case bearing FIR No.193 dated
04.03.2023, registered under Sections 419, 420 IPC at Police Station Sadar,
Hisar.
ASHISH
I attest to the accuracy and
integrity of this judgment/order
CRM-M-20392-2023 (O&M)
2. Per FIR, on 04.03.2023, there is an allegation of impersonation
against petitioner as he allegedly took Science examination of Class 10th
representing himself as one Ashish son of Sh. Arvind Nain, a private
student.
3. Learned counsel for petitioner contends that petitioner has no
criminal background and is not involved in any other case. His antecedents
are also clean. Further, all the witnesses are Government officials and the
petitioner, in no manner, is in any capacity of influencing witnesses or
tampering with the evidence.
4. On the other hand, learned State counsel opposes the bail
petition. She submits that petitioner has committed serious offence. She
further submits that co-accused of petitioner, namely, Ashish is yet to be
arrested.
5. I have heard rival contentions of learned counsels for the
parties and have gone through the case file.
6. Trial is still likely to take long time, whereas petitioner has
already been languishing in jail for the past more than 4 months in
preventive custody. Non-arrest of co-accused Ashish does not seem to be a
very justifiable ground to deny bail to petitioner for an indefinite period.
7. Be that as it may, offence allegedly committed by the petitioner
is of non-violent nature and in that sense his being released on bail is not a
threat to society at large. In any case, allegations against petitioner are a
matter of trial at this stage. Considering the overall scenario and without
commenting on the merits of the case, the instant petition is allowed. I am of
ASHISH
I attest to the accuracy and
integrity of this judgment/order
CRM-M-20392-2023 (O&M)
the view that no useful purpose would be served to keep the petitioner in
further preventive custody.
8. Accordingly, petitioner is ordered to be released on bail on his
furnishing bail bonds and surety bonds to the satisfaction of learned trial
Court, where his case is being tried and in case he/she is not available,
before learned Duty Magistrate, as the case may be.
9. In case, petitioner is found to be involved or gets involved in
any offence while on bail, the prosecution shall be at liberty to seek
cancellation of his bail in the instant case.
10. It is made clear that any observations and/or submissions noted
herein above shall not have any effect on merits of the case as the same are
for the limited purpose of bail hearing alone and learned trial Court shall
proceed without being influenced with this order.
11. Pending application(s), if any, shall also stand disposed of.
( ARUN MONGA )
JUDGE
July 05, 2023
ashish
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
ASHISH
I attest to the accuracy and
integrity of this judgment/order
