Judgment

Mr. Aman Chaudhary, J.

The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in case FIR No.244 dated 06.10.2022, registered under Section 304 of IPC and Section 22 of NDPS Act, at Police Station Nabha, District Patiala.

2. Learned counsel contends that the petitioner is in custody for the last about 9 months. No recovery has been effected from him. He has been named on the supplementary statement made by the complainant. Challan was presented on 04.01.2023, however, the charges have not been framed. In all there are 17 prosecution witnesses. The petitioner is not involved in any other case. He relies on the order passed by Co-ordinate Bench of this Court in Sandeep Kumar @ Gogi vs. State of Haryana in CRM-M-24505-2022 decided on 07.12.2022 , wherein no recovery had been effected from the petitioner, was granted regular bail after being in custody for almost 9 months.

3. The custody certificate dated 12.07.2023 has been filed by learned State counsel. As per the same, the petitioner is behind bars for the last 9 months and 4 days.

4. Learned State counsel opposes the bail on the ground that specific allegations are levelled against the petitioner by the mother of the deceased. He is however unable to controvert the submissions with regard to stage of the case and the petitioner not being involved in any other case.

5. Heard.

6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 9 months and 4 days; no recovery has been effected from him; is involved on the basis of a supplementary statement; there is no other case against him; challan stands presented on 04.01.2023, however, charges are yet to be framed; in all there are 17 prosecution witnesses, the trial is likely to take a considerable time, thus his further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed.

7. As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing th