The High Court
Case Details
CRM-M No.651 o.65189 of 2024 -1- IN THE THE HIGH COURT OF PUNJAB ARH(cid:1) CHANDIGARH NJAB AND HARYANA AT 252 (cid:1) Ankit Kumar State of Haryana ryana CRM-M N Date of De M No.65189 of 2024 e of Decision:13.01.2025 Versus(cid:1) ... Petitioner (cid:1) ... Respondent(cid:1) CORAM : HON HON'BLE MRS. JUSTICE MANJ MANJARI NEHRU KAUL
Legal Reasoning
Mr. Manvinder Sidhu, Advocate Present: Mr. for the petitioner. for t Mr. Yuvraj Shandilya, AAG, Haryan Mr. Haryana. *** *** (cid:1) MANJARI NEH I NEHRU KAUL, J. (ORAL) 1. The petitioner is seeking the concess The 483 of oncession of bail under Section 483 of the Bharatiya N iya Nagarik Suraksha Sanhita in cas 2.2024 in case FIR No.38 dated 15.02.2024 under Sections tions 506, 452, 323, 148, 149 IPC (S ter on) PC (Section 308 IPC added later on) registered at Poli at Police Station Chhapar, District Yam ct Yamuna Nagar. 2. Learned counsel for the petitioner Lear er has tioner contends that the petitioner has been in custody s stody since 16.08.2024 in an evident c Totally dent case of false implication. Totally false version has on has been brought forth in the FI en the FIR in question, which has been reproduced in the in the body of the petition that the pe anda the petitioner was armed with a danda along with some some other persons, who were armed armed with kirpans and fire arms; al ms; all these persons in ons including the petitioner attacke their attacked the complainant with their respective weapo weapons, as a result of which, he sus It has he sustained multiple injuries. It has been asserted by ted by the learned counsel for the p titioner the petitioner that had the petitioner inflicted repeated epeated blows with a danda on the ant, he n the person of the complainant, he would not have have escaped with simple injuries stained uries rather he would have sustained PANKAJ KUMAR 2025.01.14 13:26 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.651 o.65189 of 2024 -2- much more serio e serious injuries than the ones, whic edico- , which find reflected in his medico legal report. It h t. It has also been submitted by the le igation the learned counsel that investigation is complete in th e in the present case, as challan stands e is no stands presented, however, there is no possibility of the of the trial concluding in the near fut tnesses ear future, as none of the 27 witnesses cited by the pro he prosecution have been examined r been mined till date. It has further been submitted that co that co-accused namely Sanjeev Kum v Kumar @ Chota, Harman and Lali d Lalit Dhiman, who w ho were also named in the FIR i been FIR in question, have already been enlarged on bail b n bail by this Court. 3. Per contra, learned State counsel Per er and unsel while opposing the prayer and submissions mad s made by the counsel opposite, has led has reiterated the allegations levelled against all accuse accused including the petitioner in th stands r in the FIR in question, which stands reproduced herei herein under:- “Th The detail of application is as fol tered follow; at this time it is registered that at the same time I/SI Surender that der Singh No.302/A am/is present a nt at Police station that at the same Poli me time Kamal Randhawa son o n of Gurjeet Singh, resident of Kheri Gur ation eri Darshan Singh, Police Station Chhapar District Yamuna Nagar ca Chh and r came present in police station and produced a local application 110 prod is as 110 dated 12.02.2024, which is as follows:- To SHO, Police Station C follo ested n Chhapar YNR. Sir, it is requested that I Kamal Randhawa son of Gur that Gurjeet Singh am resident of Kher heri Darshan Singh. Sir, I have a cloth Dar loth shop in Mustafabad, today Lali Lalit Dhiman and Ankit Rana, Harman re Dhi their an residents of Namdarpur and their companions came to my shop, after com there afterward they went away from there and now in Sabalpur, they surrou and with rrounded us and attacked us with sticks, rods and kirpans and they stick and hey also had pistols and Gatta and PANKAJ KUMAR 2025.01.14 13:26 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.651 o.65189 of 2024 -3- they came in cars i-20 whose numb they hose umber is not known and i-10 whose number is not known in which, I and num I and Mandeep have received a lot o lot of injuries, now we are going to hospi inju ospital. We request you to take lega legal action against them.” actio 4. However, it has not been disputed How sel on puted by the learned State counsel on instructions that s that the complainant had sustained s titioner ined simple injuries and the petitioner was alleged to b d to be armed with a danda. The sta t been he stage of the trial has also not been disputed by the le y the learned State counsel. 5. I have heard learned counsel for the I hav for the parties and perused the materia aterial record. placed on record. 6. The petitioner has been in custody The facts ustody since 16.08.2024. In the facts and circumstance stances as enumerated hereinabove, e trial bove, since the possibility of the trial concluding in the in the near future looks remote, this mit the , this Court deems it fit to admit the o bail. petitioner to bail. 7. Accordingly, the instant petition Acc ner be tition is allowed. The petitioner be admitted to bail o bail on his furnishing bail/surety bon ty bonds to the satisfaction of the Tria e Trial Court/Duty Mag Magistrate concerned. However, i ything ver, it is made clear that anything observed hereina ereinabove shall not be construed to ion on ed to be an expression of opinion on the merits of the of the case. 8. Needless to add, in case the petitione Nee etitioner misuses the concession of bai of bail granted to him, th him, the State would be at liberty to se y to seek cancellation of the same. January 13, 202 Pankaj* , 2025 ned Whether speaking/reasoned Whether reportable : : Yes/No Yes/No (MANJARI NEHRU KAUL AUL) JUDGE PANKAJ KUMAR 2025.01.14 13:26 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh