NEELAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case is being taken up for hearing through Video Conferencing due to Covid-19 pandemic.

(2.) Prayer in the petition under Sec. 439Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.198 dtd. 22/6/2021 registered under Ss. 3, 4 and 5, Medical Termination of Pregnancy Act, 1971, Sec. 15 of the Environment Protection Act, 1986 read with Rules 3, 4, 5 and 7, Bio Medical Waste Management Rules, 2016 and Sec. 420 IPC.

(3.) Learned counsel contends that the petitioner has been implicated in a false case on extraneous considerations. No case under Sec. 420 IPC is made out, representation was submitted to the higher police authorities along with CCTV footage prima facie pointing to the false implication of the petitioner, that petitioner is in judicial custody w.e.f. 22/6/2021,investigation is complete,challan has been filed,trial is likely to take considerable period of time, therefore, no useful purpose would be served by keeping the petitioner behind bars, especially during the prevalence of the pandemic, besides petitioner is a permanent resident of Jhajjar, there is no apprehension of the petitioner tampering with the prosecution evidence, therefore, the petitioner be granted regular bail, especially since all the offences which are alleged against the petitioner are punishable maximum with imprisonment upto 07 years and all the offences are triable by a learned Magistrate.