2020 (e-Supplement) L.A.R. 535 = (2020) Law Today Live Doc. Id. 15216
Decided on: 10.08.2020
Through Video Conferencing
Present:
Mr. Rajat Mor, Advocate for the petitioner.
Ms. Harpreet Kaur, AAG, Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 395, 397, 120-B -- Arms Act, 1959 (54 1959), Section 25 – Dacoity – Regular bail -- No other evidence against the petitioner as on date except the statement of the co-accused which cannot be read against him -- Similarly situated co-accused has been granted bail – Petition allowed, petitioner be released on bail.
(Para 1-3)
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NIRMALJIT KAUR, J. (ORAL) –
1. The prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.1177 dated 8.12.2019 under Sections 34 and 379-B IPC and Section 25 of the Arms Act (subsequently deleted Sections 34 and 379-B IPC and added Sections 395, 397 and 120-B IPC, Police Station Sadar, Gurugram.
2. Learned State counsel does not dispute that there is no other evidence against the petitioner as on date except the statement of the co-accused which admittedly cannot be read against him. The similarly situated co-accused has been granted bail.
3. In view of the above, the present petition is allowed. The petitioner is ordered to be released on bail on furnishing of bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate.
Petition allowed.
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