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CRM-M-15087-2025 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-15087-2025 (O&M)
Date of Decision:-25.03.2025 Dudh Nath
......Petitioner Versus
State of Punjab
......Respondent
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Barjinder Singh, Advocate for Mr. Prateek Pandit, Advocate for the petitioner. Mr. P.S. Bhandari, AAG, Punjab.
JASGURPREET SINGH PURI J.(Oral)
1. The present petition has been filed under Section 483 of BNSS, 2023, for grant of regular bail to the petitioner in case bearing FIR No.178 dated 21.08.2024 under Sections 127 (1), 64(1), 115 (2), 127(2) of BNS, 2023 (Sections 115(2), 127 (2) added and Section 127(1) deleted later on), registered at Police Station Division No.6, District Jalandhar.
2.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been in custody for about 6 months and 27 days and the case is fixed for prosecution evidence in which the victim, a lady of the age of 33 years, has already been examined and she has not supported the prosecution's version and has been declared hostile. Learned counsel submitted that the petitioner has been falsely implicated in the present case at the instance of the aforesaid victim for the purpose of blackmailing the petitioner and as such, he may be considered for the grant of regular bail. SHWETA 2025.03.26 17:29 I attest to the accuracy and integrity of this document
CRM-M-15087-2025 2
3. On the other hand, learned State counsel submitted that, insofar as the custody of the petitioner is concerned, it is correct and it is also correct that the victim has not supported the prosecution version at the time of trial.
4. I have heard the learned counsels for the parties.
5. It is is a case where the petitioner has been in custody for about 6 months and 27 days and the investigation in the present case has already been completed. As per both the learned counsels for the parties, the prosecutrix, a lady aged 33 years, has not supported the prosecution version. Furthermore, it is neither the case of learned State counsel nor it has been argued that if the petitioner is released on bail, he may abscond, flee from justice, influence witnesses, or tamper with evidence. It has also been specifically stated by the learned State counsel that the petitioner has clean antecedents. Therefore, considering the totality of the circumstances, this Court deems it fit and proper to grant regular bail to the petitioner.
6. Consequently, the present petition is allowed. The petitioner shall be released on regular bail, if not required in any other case, subject to furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned.
7. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only.
(JASGURPREET SINGH PURI)
JUDGE 25.03.2025 shweta Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No SHWETA 2025.03.26 17:29 I attest to the accuracy and integrity of this document