Manoj Kumar vs State Of Haryana
2023 Latest Caselaw 6999 P&H

                         CRM-M-54532-2022                  -1-               2023:PHHC:068446

                            IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                         214
                                                                    CRM-M-54532-2022

                                                                    Date of Decision: 11.05.2023


                         Manoj Kumar
                                                                                     .... Petitioner

                                                    Versus

                         State of Haryana
                                                                                     .... Respondent

                         CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

                         Present: -     Mr. Munish Mittal, Advocate for the petitioner.

                                        Mr. Munish Sharma, DAG, Haryana.

                         ASHOK KUMAR VERMA, J. (ORAL)

1. The petitioner has filed the present petition under Section

439 of the Code of Criminal Procedure, 1973 for grant of regular bail in

case FIR No. 0276 dated 24.03.2019 registered under Sections 148, 149,

307, 323, 452 and 506 IPC (Section 302 IPC was added later on) at

Police Station City, District Karnal.

2. Learned counsel for the petitioner, inter alia, contends that

six of the co-accused, who faced full length trial in the present FIR, stand

acquitted by the Additional Sessions Judge-cum-Fast Track Special

Court (POCSO), Karnal, vide judgment dated 15.04.2021

(Annexure P-7). He further contends that the allegations against the

petitioner are identical to that of aforesaid co-accused, who stand

acquitted and there are remote chances of the conviction of the

petitioner. Petitioner had surrendered before the trial Court on

15.10.2022 and since then he is in custody. The trial is likely to take long

RISHU KATARIA 2023.05.12 10:58 I attest to the accuracy and authenticity of this order/judgment CRM-M-54532-2022 -2- 2023:PHHC:068446

time. No useful purpose will be served by further detention of the

petitioner in custody. Similarly situated co-accused of the petitioner,

namely; Mukesh, had already been granted the concession of regular bail

vide order dated 05.04.2022, passed by a co-ordinate Bench of this Court

in CRM-M-36305-2021. Thus, it is prayed that treating the case of the

petitioner on the same parity as that of his co-accused, he may also be

released on regular bail.

3. On the other hand, learned State counsel vehemently

opposed the present petition.

4. I have heard learned counsel for the parties and carefully

gone through the record.

5. Keeping in view the facts and circumstances of the case and

treating the case of the petitioner on the same parity as that of his

co-accused, namely, Mukesh who had already been enlarged on bail by a

co-ordinate this Court vide order dated 05.04.2022, but without

commenting on merits of the case, I am of the considered view that the

petitioner deserves the concession of regular bail.

6. Therefore, the petition is allowed and petitioner-Manoj

Kumar, is ordered to be released on regular bail on furnishing of bail

bonds and surety bonds to the satisfaction of the trial Court/Chief

Judicial Magistrate concerned.

                         11.05.2023                                 (ASHOK KUMAR VERMA)
                         rishu                                             JUDGE


                                      Whether speaking/reasoned                Yes/No

                                      Whether Reportable                       Yes/No
RISHU KATARIA
2023.05.12 10:58
I attest to the accuracy and
authenticity of this order/judgment