SUDEEPTI SHARMA J. (ORAL)
1. The present petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in FIR No.49 dated 02.04.2025 registered under Sections 309(6), 317 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sector-39, Chandigarh.
2. Learned counsel for the petitioner contends that the case against the petitioner is totally false and concocted. The petitioner is not involved in the crime as alleged against him and the police have fabricated the alleged recovery from the petitioner. He further contends that the petitioner is HIV patient and is suffering with various other medical problems. Lastly, he contends that the petitioner is not involved in any other case, except the present case and he is in custody since 06.04.2025. Hence, the petitioner deserves to be released on bail pending trial.
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3. Per contra, learned counsel for the respondent-U.T., Chandigarh, submits that mobile phone as well as Aadhar Card of the complainant have been recovered from the petitioner. He further submits that challan is ready and will be presented before the trial Court on the date fixed. He further submits that the allegations against the petitioner are serious in nature and if he be granted concession of regular bail, there are chances that he could misuse the same and would influence the prosecution witnesses. Therefore, the present petition deserves to be dismissed.
4. In view of the above submissions made by the learned counsel for the respondent, this Court does not find it appropriate to grant concession of regular bail.
5. Dismissed.
6. Pending application(s), if any, also stand disposed of.
(SUDEEPTI SHARMA)
JUDGE
05.06.2025
Virrendra Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No
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