Lakhvir Singh @ Lakha v. State Of Punjab
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. Arshdeep Singh Brar, Advocate for the petitioner.
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# $%& ''( # regular bail to the petitioner in case FIR No.208 dated 18.09.2022, under Sections 324, 341, 148, 149 of Indian Penal Code, 1860, (Section 326 and 307 of Indian Penal Code added later on), registered at Police Station Baghapurana, District Moga (Annexure P-1).
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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present FIR on the basis of statement of one Gobind Singh (main accused) vide DDR No. 38 dated 15.11.2022. It is further submitted that there is no other evidence against the petitioner apart from the disclosure statement of Gobind Singh. Learned counsel submits that the petitioner is not involved in any other case and the petitioner has been in custody since 24.11.2022. It is further submitted that the petitioner has not been attributed any specific injury in the FIR, however as per the 'Injury Chart' attached as Annexure R-1 with the Status Report filed by State, the petitioner has been attributed two injuries to the complainant i.e. On fingers of left hand and below the right knee and both the said injuries
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"" ( # # ) is not disputed that the petitioner is in custody since 24.11.2022. It is also not disputed that as per Status Report, the petitioner has been attributed two injuries to the complainant, which are simple in nature. It is further not disputed that #-## (
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I have heard learned counsel for the parties and perused the paper book, status report, as well as the custody certificate filed by learned State counsel, in Court today.
In this case, the petitioner is a young boy of 25 years and he has been in custody for the last more than 3 months. Petitioner was not named in the FIR and he has been nominated as an accused on the basis of statement of one Gobind Singh (main accused) vide DDR No. 38 dated 15.11.2022. As per Status Report, the petitioner has been attributed two injuries to the complainant on his fingers of left hand and below the right knee, which are simple in nature. The trial is likely to take some time to conclude and no useful purpose would be served by keeping the petitioner behind the bars. Moreover, #-## (
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. Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the concerned Station House Officer shall be informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer. He would also furnish his undertaking to the effect that he will not indulge in any illegal activity. Nothing expressed hereinabove shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for bail at this stage. The petition is accordingly disposed of.
03.03.2023 (HARSH BUNGER)
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