04.04.2025 VIKASH … v. STATE OF Har F Haryana
Case Details
IN THE H AB AND HARYANA HE HIGH COURT OF PUNJAB A RH AT CHANDIGARH CRM-M N Reserved Pronounc M No.9307 of 2025 erved on : 26.03.2025 nounced on: 04.04.2025 VIKASH …. Petitioner Versus STATE OF Har F Haryana …. Respondent CORAM: HON HON’BLE MRS. JUSTICE MANIS ANISHA BATRA Present : Mr Mr. Manoj Tanwar, Advocate for th e for the petitioner.
Legal Reasoning
Mr. Neeraj Poswal, A.A.G., Haryan Mr. aryana.. **** MANISHA BAT This petition has been filed und This 1. A BATRA, J. (oral) (cid:26)(cid:2)(cid:7) d under Section 483 of (cid:23)(cid:11)(cid:2)(cid:4)(cid:2)(cid:13)(cid:5)(cid:26)(cid:2)(cid:7) (cid:1)(cid:2)(cid:3)(cid:2)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:2)(cid:6)(cid:10)(cid:11) (cid:6)(cid:10)(cid:11)(cid:2)(cid:7)(cid:8)(cid:2)(cid:12)(cid:11)(cid:5)(cid:13)(cid:2)(cid:14)(cid:7)(cid:15)(cid:16)(cid:15)(cid:17)(cid:7)(cid:18)(cid:19)(cid:20)(cid:4)(cid:7)(cid:10)(cid:11)(cid:20)(cid:4)(cid:13)(cid:21)(cid:22)(cid:23)(cid:1) ail to (cid:1)(cid:8)(cid:8)(cid:24)(cid:25) for grant of regular bail to the petitioner in ner in case arising out of FIR No.30 tered 309 dated 09.11.2024 registered under Sections 1 ns 140(3), 310(2), 61(b) of BNS, at naul, , at Police Station Sadar Narnaul, District Mahende ahendergarh. 2. As per the allegations, on 08.11.2 As kesh 8.11.2024, the complainant-Rakesh Kumar was goin s going towards his house on his scoo d by s scooty when he was intercepted by occupants of a a white colour car, who were 3 d his ere 3 in number. They stopped his vehicle and by d by pushing him inside their car, cov m to ar, covered his face and took him to an unknown road n road. They snatched cash amount o ount of (cid:1)15000/- and mobile phone hone from him. They They also get transferred an amoun amount of` (cid:1)1 lakh and (cid:1)62,000/- - respectively from from his bank accounts by using after, using his mobile phone. Thereafter, they damaged th ged the SIM card of his mobile phone n the phone and after leaving him in the forest area, they , they fled away. After registration of sons, ion of FIR against unknown persons, investigation pr proceedings were initiated. Durin n, During the course of investigation, Jyoti 2025.04.05 14:21 I attest to the accuracy and integrity of this document CRM-M No.9307 of 2025 CR -2- CCTV footage f tage from the house of Sarpanch of ined nch of Nimbi village was obtained which revealed t aled that the vehicle used in the crime e of crime was registered in the name of one Anil who d who disclosed that he sold the same , same to one Ankit and on contact, Ankit disclosed t losed that he had sold the same to acc shish to accused Ashish. Accused Ashish was arrested on ed on 09.11.2024. He suffered discl g his disclosure statement admitting his complicity in the in the crime and also disclosed abou Arun about the involvement of the Arun Kumar, Rajesh ajesh @ Raju, Dinesh @ Monu. Th were . These nominated accused were arrested on 10.11 10.11.2024. The name of the petitio sure petitioner surfaced in the disclosure statement of co of co-accused Rajesh@ Raju. He wa and He was arrested on 25.11.2024 and suffered disclosu isclosure statement admitting his invo e is involvement in the crime and the fact that an amo n amount of Rs.10,000/- had fallen to losed llen to his share. He also disclosed that the SIM car IM card used in the crime had been d also been destroyed by him. It was also revealed that th hat the petitioner had driven the c was the car in which the victim was kidnapped and and had brought him to Nimbi tands hill. Investigation now stands concluded. 3. It is argued by learned counsel for It is been el for the petitioner that he has been falsely implicate plicated in this case on the basis of di - s of disclosure statements of the co- accused which ca hich cannot be considered to be admis very admissible in evidence. No recovery has been effected ffected from him. No injury had been of been attributed to him. Location of his cell phone number shows that he was pres e of as present elsewhere at the time of incident. He is in e is in custody since long. The trial e to trial will take considerable time to conclude. His f His further incarceration would no pose. ld not serve any useful purpose. Accordingly, it is it is urged that he deserves to be rel be released on bail. Jyoti 2025.04.05 14:21 I attest to the accuracy and integrity of this document CRM-M No.9307 of 2025 CR -3- 4. Status report has been filed. It is ar Stat unsel It is argued by learned State counsel that keeping in ing in view the gravity of the alleg t the allegations as levelled against the petitioner, he doe he does not deserve to be extended ben ed benefit of bail. 5. The petitioner is alleged to have hat The - ve hatched a conspiracy with the co- accused for abdu r abducting the complainant and extra n extracting money from him and in pursuance thereo thereof, he along with co-accused is d the is alleged to have abducted the victim and snatc snatched money from him. He is 024. He is in custody since 25.11.2024. Challan stands pr ands presented. The trial would take co f the take considerable time as none of the witnesses of th of the prosecution has been exa into n examined so far. Taking into consideration th ion the above discussed facts but w any but without meaning to make any comment on th on the merits of the case, lest the f the they prejudice the case of the prosecution/petit /petitioner, the petition is allowed an ed to wed and the petitioner is ordered to be released on ba on bail subject to his furnishing perso ds to g personal as well as surety bonds to the satisfaction o ction of the trial Court/Duty Magistrate istrate/ CJM concerned. 6. Since, the main petition is disposed Sinc f any posed of, pending application, if any also stands dispo
Decision
disposed of accordingly. 04.04.2025 Jyoti-IV (MANISHA BATRA) (MA JUDGE Whether speaking/reasoned: Whether reportable : Yes/N es/No. es/No Yes/N Jyoti 2025.04.05 14:21 I attest to the accuracy and integrity of this document