PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
N.S.SHEKHAWAT
Manish – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
N.S.Shekhawat J. (Oral)
The petitioner has filed the instant petition under Section 439 of the Cr.P.C. with a prayer to grant regular bail in case FIR No.578 dated 29.09.2021 registered under Sections 342, 394, 397, 307, 34, 120-B of IPC and Sections 25, 25(I)(A), 54, 59 of Arms Act, 1959, at Police Station Mujesar, District Faridabad.2. Learned counsel for the petitioner contends that the petitioner was neither named in the FIR nor any specific role has been attributed to him. As per case of the prosecution, Vipul was arrested on 04.10.2021 and during the course of investigation, he had named the present petitioner as one of the accused. Thereafter, the petitioner was arrested in the present case on 13.10.2021 and is in custody for the last more than 02 years and 5 months. Learned counsel further contends that the petitioner was also involved in one more case i.e. FIR No.765 dated 01.10.2021, registered under Sections 302, 120-B, 307, 109 of IPC, at Police Station Kotwali Haridwar, District Haridwar, however, vide order dated 22.03.2023 (Annexure P-4), the petitioner has already been granted the concession of bail in the said case by the High Court of Uttarakhand at Nain
The court has the discretion to grant bail under Section 439 Cr.P.C. and may impose stringent conditions to mitigate risks associated with granting bail.
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
The court may grant regular bail considering the conclusion of the investigation, prolonged custody, and the likelihood of a delayed trial.
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