Punjab-Haryana High Court
Ajay vs State Of Haryana on 2 August, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
2023:PHHC:099065
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
204 CRM-M-40941-2022
Date of Decision: 02.08.2023
Ajay ......... Pe oner
Versus
State of Haryana ......... Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:- Mr. Gautam Du , Advocate for the pe oner.
Mr. Manish Bansal, Sr. D.A.G, Haryana.
****
ANOOP CHITKARA, J. (ORAL)
FIR No. Dated Police Sta on Sec ons
79 07.05.2018 Siwani, District 147, 149, 186, 302, 307, 332,
Bhiwani 353, 120-B IPC and 25 of
Arms Act
The pe oner incarcerated in the FIR cap oned above, has come up before
this Court under Sec on 439 CrPC seeking bail.
2. Counsel for the pe oner submits that in the trial, the main witness has not even iden fied the pe oner and he is en tled for bail.
3. However, State counsel has opposed the bail on the grounds that it is for the trial Court to assess and appreciate the evidence and the observa ons made by this Court might prejudice the trial itself.
4. Be that as it may, the pe oner is permi ed to file a fresh applica on for bail before the trial Court. If the said applica on is filed within two weeks, the same shall be decided within two weeks therea er. It is clarified that the trial Court shall not be influenced by the reasoning given while rejec ng his previous bail applica on by trial Court or this Court. It is further clarified that the trial Court shall decide the same on its own merits a er apprecia ng evidence.
5. Given above, the present pe on stands disposed of. All pending miscellaneous applica ons, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 02.08.2023 Jyo -II JYOTI 2023.08.03 12:47 Whether speaking/reasoned Yes/No I attest to the accuracy and integrity of this order/judgment. Whether Reportable Yes/No