Kulpreet Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-17746 of 2018 (O&M) Date of Decision: August 27, 2018 Kulpreet Singh

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.R.S.Bassi, Advocate for Mr.S.K.Yadav, Advocate for the petitioner.

Mr.Sukhdeep Parmar, DAG, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.77 dated 06.08.2016 under Sections 148, 149, 323, 324, 307, 302, 120-B IPC and Section 25 of the Arms Act, registered at Police Station Panjokhra, District Ambala. Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that FIR in the present case has been registered on the statement of Sarabjit Singh, who stated that his elder brother Lovepreet @ Lambi and Lakhbir @ Lucky came to village

CRM No.M-17746 of 2018 -2Panjokhra to see the fair with other boys of village on 26/27.07.2016 and they had an altercation with some boys of the village. On the occasion of Teej, a fair is held in village Panjokhra and people from surrounding villages, used to come to see the fair and wrestling. On the day of registration of FIR i.e. 06.08.2016, complainant, his elder brother Lovepreet @ Lambi and his father Resham Singh went to village Panjokhra to see the fair. At about 5.45 p.m., 8-10 boys of village Panjokhra, who were in aggressive mood and were having knives, punch and sticks in their hands, attacked upon Lakhbir @ Lucky, Jatinder, Abhijeet and Tinku with their respective weapons with intention to kill.

Due to all this, complainant, his elder brother, his father and Harpreet Singh started returning to their village and when they reached near the college gate, then those 8-10 boys from Panjokhra attacked upon complainant's brother Lovepreet @ Lambi in order to kill him, without any reason. They were having knives, punches and sticks in their hands. Some of the accused have been named in the FIR. All the accused inflicted injuries upon Lovepreet @ Lambi and also to Harpreet Singh etc. Lovepreet @ Lambi died on the way due to the injuries inflicted by accused persons.

The present petitioner is not named in the FIR but co-accused has disclosed that petitioner has also caused injury to many persons. In the present case, so many persons have been injured and a punch has been recovered from the present petitioner and his lower was also blood-stained. Keeping in view the facts and circumstances of the present case, nature and gravity of the offence and in view of the fact that there is every possibility of tampering with the evidence if the petitioner is released on bail, I find that no ground is made out for granting regular bail to the

CRM No.M-17746 of 2018 -3petitioner.

Therefore, finding no merit in the present petition, the same is dismissed.

August 27, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No