Sandeep Singh v. State Of Punjab
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0%6(78 Petitioner has filed instant petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.45 dated 01.04.2021 under Sections 436, 379B, 354, 506, 148, 149 IPC (Section 201 IPC added later-on) registered at Police Station Nihal Singh Wala, District Moga. 2.
As per facts of the case, complainant Honey Kumar gave his statement that there was marriage of his younger brother Bhupinder Kumar on 04.04.2021. He along with his family, on 31.03.2021, had gone to village Manuke to bring her maternal grandmother Kailash Wanti. Complainant was accompanied by his wife Karamjit Kaur and daughter Avira Kaur. At about 10.15 pm they started for going to their village in Scorpio Car bearing
No.PB-29AC-2787. His wife had kept black coloured bag containing cash and gold ornaments on the front seat. While he started reversing his vehicle 5-6 persons were standing near the house of his maternal uncle i.e. Gurpreet @ Gopi armed with baseball bat, Gobind Singh @ Kundan armed with kirach, Sandeep Singh armed with Hockey stick, Gurdeep Singh @ Bohar Singh armed with stick and Krishan Singh @ Pali armed with baseball bat. These persons were known to him as he used to visit the house of his maternal grandparents. Gurpreet Singh @ Gopi objected regarding the manner he reversed his vehicle. He was taken out of the vehicle and they started beating him. Gurpreet Singh @ Gopi and Sandeep Singh took out the bag containing valuable articles. His wife also came out. Gurdeep Singh @ Bohar started teasing his wife.
Krishan Singh @ Pali and Gobind Singh @ Kundan started throwing stones. His maternal grandparent along with her daughter came out of the car to save themselves. People started gathering there. Thereafter, all the accused fled away from the spot with their respective weapons. With these allegations, present FIR has been registered. 3.
Learned counsel for petitioner argued that allegations levelled against him are without any basis. He has surrendered before the trial Court on 26.05.2023 and since then he is behind the bars. Petitioner is ready to abide by the terms of bail order, therefore, his regular bail application may be allowed.
4.
Bail application is opposed by learned counsel representing State on the ground that earlier petitioner absconded and accordingly he was declared proclaimed person vide order dated 22.09.2021. He surrendered
before the trial Court on 26.05.2023. Supplementary challan has been presented qua him. He is involved in several other cases. Considering his conduct, he is not entitled to be released on regular bail. 5.
I have considered the arguments and have gone through the record. Aforesaid factual position indicates that petitioner had surrendered before the trial Court on his own on 26.05.2023 and since then he is behind the bars. Supplementary challan has been presented. Trial in this case is at initial stage. Regarding FIRs detailed in the status report, in three cases he was acquitted whereas in two other cases he is under trial. Those cases will be decided on its own merits. Petitioner cannot be kept behind the bars for indefinite time period. Therefore, regular bail application filed by the petitioner is allowed and he is ordered to be released on bail
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