ANSHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.119 dtd. 13/3/2018 under Ss. 302, 307, 34, 216, 120-B IPC and Sec. 25 of the Arms Act, Police Station Badshahpur, Gurugram.

(2.) Affidavit has been filed by the State which is taken on record.

(3.) Mr. Lakhanpal, learned Sr. counsel assisted by Mr. Arjun Lakahnpal, Advocate for the petitioner has submitted that in the present case the petitioner is in custody from 21/1/2019 which is almost 3 years and in the present case the challan against the petitioner was presented on 18/4/2019 and thereafter 5 PWs were also examined. However, thereafter the challan was presented against one of the co-accused, namely, Karamjit in the month of March 2021 and now fresh charges have been framed and the trial would be started afresh and in the entire process, the trial has been delayed for no fault of the petitioner and he is facing incarceration for about 3 years. He has further submitted that the main accused in the present case was Narender @ Tillu and the allegation against the petitioner was that he was accompanying with the aforesaid Narinder @ Tillu and that he was already in custody in some other case and when brought on production warrants he had disclosed that he was also accompanying the aforesaid Narender @ Tillu and in this way, his name was nominated. He has further submitted that although there are some other cases against the petitioner but most of them pertained to Excise Act and out of these case he has already been acquitted in 5 cases and in all the remaining cases the petitioner is on bail. He has submitted that in view of the aforesaid factual position, the trial of the case would take long time especially when the petitioner was not at fault in the delay of the trial and, therefore, he may be considered for the grant of regular bail.