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2004 Supreme(P&H) 134

PUNJAB AND HARYANA HIGH COURT
Adarsh Kumar Goel, J.
Anil Kumar - Petitioner
Versus
State of Haryana - Respondents
Criminal Misc. No. 57451-M of 2003.
Decided On : 5 February, 2004

Advocates Appeared:
For the Petitioner:Mr. Ajay Ghangas, Advocate.
For the Respondents: Mr. Rajesh Bhardwaj, A.A.G., Haryana.

Grant of bail based on innocence as per investigation and likelihood of non-interference with prosecution's case.

Headnote:

Bail - Section 302 Indian Penal Code - Grant of bail to petitioner

Fact of the Case:

The petitioner sought bail for an offence under Section 302 of the Indian Penal Code, stating that investigation had already cleared him and he was not likely to abscond or interfere with the prosecution's case.

Finding of the Court:

The court granted bail to the petitioner on the condition of appearing before the trial court within one month and furnishing sufficient security.

Issues: Bail application for offence under Section 302 IPC

Ratio Decidendi: The court considered the petitioner's innocence as per the investigation and the likelihood of non-interference with the prosecution's case in granting bail.

Final Decision: The petition for bail was allowed, and the petitioner was granted bail upon fulfilling the conditions set by the trial court.

JUDGMENT

Adarsh Kumar Goel, J. - Heard.

Offence alleged against the petitioner is under Section 302 Indian Penal Code. Learned counsel for the petitioner says that investigation has already been carried out and the petitioner has been declared innocent and now a complaint has been filed and the petitioner is not likely to abscond or interfere with the case of the prosecution.

2. Notice of motion was issued. None appears for the complainant.

3. Let the petitioner be granted bail on appearing before the trial Court within one month from today on furnishing sufficient security and complying with such conditions as may be laid down by the trial Court.

The petition is disposedof .

Petition allowed.


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