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Judgment
Manjari Nehru Kaul, J
Instant petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in case FIR No.673
dated 19.11.2019 registered under Sections 307, 323 34, 506 of the Indian Penal Code, 1860 (Section 302 of the IPC added later on) at Police Station
City Jind, District Jind, Haryana.
Learned counsel for the petitioner contends that the petitioner is neither named in the FIR in question nor any injury was attributed to him in the alleged crime. He further contends that the petitioner who has been in custody since 23.11.2019 was arrayed as an accused only on the basis the alleged disclosure statement of the main-accused (Rajesh) who spelt out the role of the petitioner in the crime in question. Hence, he may be extended the concession of regular bail.
Heard
Per contra, learned State counsel, on instructions from SI-Krishan Kumar, has not been able to controvert the factual aspect of the submissions made by the learned counsel for the petitioner with respect to the role of petitioner. She further submits that the delay in the framing of the charges has been on account of outbreak of the COVID-19 pandemic and the same are likely to be framed before the trial Court in the near future.
In view of the submissions made by learned counsel for the petitioner and the fact that the petitioner has been in custody since 23.11.2019, the trial is unlikely to conclude in the near future more so in the wake of outbreak of pandemic COVID-19. The present petition is allowed and the petitioner is admitted to bail to the satisfaction of the trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.