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RAJBIR SEHRAWAT
Bachiter Singh – Appellant
Versus
State of Punjab – Respondent
RAJBIR SEHRAWAT, J.
1. The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.23 dated 05.03.2023 registered under Section 379-B of IPC at Police Station Kathu Nangal, District Amritsar Rural.
2. It is submitted by learned counsel for the petitioner that the case against the petitioner is concocted. He is not involved in the crime as alleged against him. Even as per the story of the prosecution, the allegation against the petitioner is that he was one of the members of the gang travelling in the car, who had snatched some material from the complainant. However, no recovery has been effected from the petitioner in this case. The petitioner is not required for any other investigation purposes. Hence, the petitioner deserves to be released on bail pending trial.
3. Notice of motion.
4. Mr. Jaspal Singh Guru, AAG, Punjab, accepts notice on behalf of the respondent-State. Custody certificate of the petitioner filed by learned State counsel today in the Court. The same is taken on record. Learned State Counsel, on instructions, from ASI Gurjinder Singh, has submitted that the petitioner is a member of gang who commit inci
The lack of recovery from the petitioner and his previous acquittals in similar cases can be considered as grounds for granting bail pending trial.
The court considered the lack of harm caused to the complainant and the petitioner's custody since the date of the incident as key factors in granting bail.
A bail petition under Section 439 can be granted despite allegations if the evidence presented does not implicate the accused directly.
The court considered the lack of support from key witnesses, the petitioner's extended custody, and the absence of other cases against the petitioner in granting bail pending trial.
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