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Judgment
Lalit Batra, J
Present petition under Section 439 Cr.P.C is for grant of regular bail to petitioner-Manoj Kumar @ Lalu in case F.I.R. No.219 dated 25.05.2019 under
Section 136 of Electricity Act, 2003 registered at Police Station Sadar Thanesar, District Kurukshetra.
Learned counsel for the petitioner inter alia contends that the petitioner is in custody since 03.06.2019 and he is no more required by the Police for any
investigation purpose. He further submits that after completion of investigation, challan has been presented in the Court and trial has already
commenced wherein four prosecution witnesses have already been examined. He further urges that in remaining case FIRs, petitioner has already
been granted concession of bail, vide orders dated 24.10.2019 and 20.11.2019 passed by this Court. He further urges that since trial of the case would
take sufficient time to conclude, no useful purpose would be served by keeping the petitioner (accused) in custody further and he may be released on
bail.
On the other hand, learned State counsel while opposing instant petition has vehemently argued that the present FIR was registered on the allegations
that in the intervening night of 22/23.05.2019, transformer installed in the fields of Krishan Lal was stolen by some miscreants due to which loss of
Rs.89, 010/- was caused to the Electricity Department and in view seriousness of offence, petitioner does not deserve the concession of bail.
I have heard learned counsel for the parties.
At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact
that petitioner is in custody since 03.06.2019; that challan has already been presented against the petitioner in the Court; that trial has already
commenced; that since trial of the case would take sufficient time to conclude, no useful purpose would be served by detaining the petitioner in
custody further and, thus, he deserves the concession of bail.
In view of above, instant petition for grant of regular bail moved by petitioner-Manoj Kumar @ Lalu is allowed. He is ordered to be released on bail on
his furnishing personal/surety bonds to the satisfaction of Trial Court/Chief Judicial Magistrate/Duty Magistrate, Kurukshetra, as the case may be.
