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HARNARESH SINGH GILL
Dhirender – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Harnaresh Singh Gill, J.(Oral) - Through this petition, the petitioner seeks regular bail in case bearing FIR No.20 dated 22.01.2021, registered under Sections 394, 397, 365, 34 IPC and Sections 25(1B)(a) and 27(1) of the Arms Act, 1959, at Police Station DLF, District Gurugram, Haryana.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case; that co-accused, namely, Deepesh, has already been granted the concession of bail by the trial Court and that the challan has already been presented. He further submits that the petitioner has been in custody since 23.01.2021; that the alleged recovery has already been effected from the petitioner and that there is no other case registered and/or pending against the petitioner.
3. On the other hand, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel does not dispute the custody period of the petitioner. He, however, submits that the Test Identification Parade was conducted, in which the petitioner was duly identified by the complainant and that recovery of laptop and Stephanie of car was effected from the petitioner.
4. He further submits
The decision to grant regular bail was based on the prolonged custody period, lack of other pending cases, and the commencement of prosecution evidence.
The court considered the prolonged custody period, delay in trial, and the bail status of co-accused as grounds for granting regular bail to the petitioner.
The court may exercise its discretion to grant bail under the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the period of incarceration, lack of previous criminal involvement, parity with co-....
The main legal point established in the judgment is the consideration of parity in granting bail, especially when the main accused has already been granted bail and there are no differentiating circu....
The decision to grant regular bail was based on the petitioner's prolonged custody, lack of further investigation need, and the expected lengthy trial process, which rendered further detention unnece....
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