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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Mohd. Mehlood – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
Prayer in this petition filed under Section 483 of the BNSS , 2023, is for grant of regular bail to the petitioner in FIR No. 163 dated 24.06.2024 registered under Section 25 of Arms Act and Sections 120-B , 201, 395 and 412 of Indian Penal Code at Police Station Chhachhrauli, District Yamuna Nagar.
2. The case set up in the FIR (supra) (as set out by the petitioner in the present petition) is as follows :
'The summary of the case is as follows, that on 24.06.2024, the complainant Ashok Kumar son of Shri Rajeshwar Prasad, House No.5/99, Mohalla Kanhaiya Lal Chhachhrauli, District Yamun-anagar, came to the police station Chhachhrauli and presented an application which is under. To the Police Station House Officer Chhachhrauli, request that I, Ashok Kumar son of Shri Rajeshwar Prasad, resident of House No.5/99, Mohalla Kanhaiya Lal Chhachhrauli, District Yamunanagar. I have a plywood factory in the name of Shri Vaishnavi Products in Village Hadauli, which we set up in the year 2019. Our factory has been closed for about 18 months. We have kept two watchmen there, out of which one is Rajesh Kumar son of Shri Chhagelal, resident of Village Nagalakh
Prolonged detention without trial violates Article 21 rights; co-accused receiving bail strengthens the case for bail.
A delay in trial, especially for undertrial prisoners, infringes upon their rights under Article 21 of the Constitution.
Excessive use of arrest as a measure should be avoided, especially in cases where the accused is charged with offences punishable for seven years or less.
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