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JASJIT SINGH BEDI
Anil Nagar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JASJIT SINGH BEDI, J.
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.845 dated 07.09.2018 under Sections 302, 34 IPC and later on added Sections 362, 201, 392, 411 and 414 IPC registered at Police Station City Ballabhgarh and District Faridabad.
2. The present FIR came to be registered at the instance of Tara Chand who stated that his brother Hoshiyar Singh (deceased) had been found dead and he suspected Anil and his associates.
During investigation of FIR No.189 of 2018 registered at P.S. Bahin, District Palwal it was disclosed by Police Station Sirsaganj, District Firozabad, U.P. that Anil Nagar (petitioner), Himanshu and Rahul were arrested in FIR No.398 dated 3.9.2018 under Section 307 IPC P.S. Bidhuna, District Auraiya, U.P. and the accused had disclosed that they had committed the murder of Hoshiyar Singh in the area of P.S. Sirsaganj, U.P. after taking the Wagon-R no.HR-38X-3541 on hire.
The post mortem revealed that the cause of death was Asphyxia. The case was transferred to P.S. Ballabhgarh, District Faridabad and a cancellation report in case FIR No.189 dated 3.9.2018 P.S. Bahin, District Palwal was prepared due
The right to a speedy trial under Article 21 of the Constitution can necessitate the granting of bail even in serious criminal cases.
The court emphasized that the accused's further incarceration was not required as the veracity of the allegations would be determined during the trial.
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