Ashwani Nayyar vs State Of Haryana

Manjari Nehru Kaul, J

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 1030, dated 12.10.2018, under

Sections 420, 419, 467, 468, 471 & 120-B IPC, registered at Police Station Faridabad Central, District Faridabad.

Learned counsel for the petitioner contends that the petitioner has been in custody since 17th November, 2020 for offences under Sections 420, 419,

467, 468, 471 & 120-B IPC, which are all triable by Magistrate. He further contends that the petitioner was neither named in the FIR in question nor

was he a beneficiary of the sale-deed allegedly executed by the co-accused. It has been further submitted that in fact the petitioner was nominated as

an accused on the basis of an alleged disclosure statement made by Sumer Singh before the investigating agency, wherein, he had stated that

Rs.20,000/- had been paid to the petitioner for fabricating the Aadhaar Card.

Per contra, learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner. He has, however, not been able

to controvert the factual submissions made by the learned counsel for the petitioner.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as

the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is

allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed

hereinabove shall not be construed as an expression of opinion on the merits of the case.