Arjun vs State Of Haryana
2024 Latest Caselaw 7031 P&H

Punjab-Haryana High Court

Arjun vs State Of Haryana on 3 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                2024:PHHC:044988

                             In The High Court for the States of Punjab and Haryana
                                             At Chandigarh



                                                              CRM-M-15083-2024 (O&M)
                                                              Date of Decision:- 03.04.2024


                             Arjun                                                ... Petitioner


                                                          Versus


                             State of Haryana                                     ... Respondent



                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL



                 Present:-           Mr. Afzal Hussain, Advocate, for the petitioner.

                                     Mr. Ramender Singh Chauhan, AAG, Haryana.

                                     *****

                   FIR DATE                  POLICE STATION           OFFENCES
                   NO.
                      488      14.10.2023 Badshahpur                   392, 34 IPC (later on Section
                                                                       392 IPC was dropped and
                                                                       Sections 394 and 506 IPC were
                                                                       added)


                 GURVINDER SINGH GILL, J. (Oral)

1. The instant petition has been filed on behalf of the petitioner seeking

grant of regular bail in respect of aforementioned FIR.

2. The allegations, in nutshell are that on 13.10.2023 he had boarded an

auto rickshaw from Rajiv Chowk, Gurugram at about 10.30 pm so as

to go home. It is alleged that while on the way the driver and one

more passenger cleverly stopped the rickshaw for the purpose of

integrity of this order/judgment CRM-M-15083-2024 (O&M) -2- 2024:PHHC:044988

urinating and the complainant also got down but shortly after the

complainant had alighted from the said auto rickshaw, the driver and

the other person sped away in the auto rickshaw leaving the

complainant at the spot. It is alleged that the accused thus decamped

with the complainant's bag which contained a laptop, mobile phone,

head phone, credit card, debit card etc.

3. Learned counsel for the petitioner submits that he has falsely been

implicated in the present case and that he otherwise enjoys a clean

record.

4. Opposing the petition, learned State counsel submitted that although

the petitioner is not involved in any other case but the instant case is a

case where the laptop in question was recovered from the petitioner.

It has been informed that the petitioner as on date has been behind

bars since the last about 5 months and 16 days and that although

challan stands presented but charges are yet to be framed and as many

as 10 PWs have been cited.

5. This Court has considered the rival submissions addressed before this

Court.

6. Without commenting anything as regards the merits of the case, but

having regard to the fact that the petitioner admittedly has a clean

record and is not stated to be involved in any other case and that the

trial till date has not even commenced further detention of the

petitioner would not be justified. The petition, as such, is accepted

and the petitioner is ordered to be released on regular bail on his

integrity of this order/judgment CRM-M-15083-2024 (O&M) -3- 2024:PHHC:044988

furnishing bail bonds/surety bonds to the satisfaction of learned trial

Court/Chief Judicial Magistrate/Duty Magistrate concerned.

                 03.04.2024                                      ( GURVINDER SINGH GILL)
                 mohan                                                     JUDGE


                                    Whether speaking /reasoned       Yes / No

                                    Whether Reportable               Yes / No







integrity of this order/judgment