Rajesh Kumar v. State Of Ut Chandigarh

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 24.8.2021 Rajesh Kumar .... Petitioner

Versus

State of U.T. Chandigarh ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. C.L.Verma, Advocate, for the petitioner.

Mr. Abhinav Gupta, Addl. PP, U.T. Chandigarh, assisted by SI Ram Diya.

Ms. Monica Jangra, Advocate, for the complainant. (Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks grant of regular bail in respect of a case registered vide FIR No.151, dated 26.10.2020, Police Station Maloya, U.T. Chandigarh, under Section 326 IPC.

- 2 - 2.

As per FIR lodged at the instance of Mohd. Raja, when on 11.7.2018, he went to his in-laws house in Maloya so as to get his wife back, he was attacked by his wife's brother namely Rajesh (petitioner) who gave him repeated blows with a 'knife' causing several injuries on various parts of the body.

3.

Learned counsel for the petitioner has submitted that the FIR came to be lodged under some misunderstanding which has now been resolved and the parties have now amicably resolved their issues. 4.

Today Ms. Monika Jangra, Advocate, has put in appearance on behalf of the complainant and has endorsed the factum of compromise and has expressed no objection for grant of bail to the petitioner. 5.

Opposing the petition, learned State counsel has submitted that since the petitioner is specifically named in the FIR and is specifically alleged to have caused injuries which are duly substantiated from the medical evidence, no case for grant of bail is made out. It is however informed that the petitioner as on date has been behind bars since the last about 10 months and that charges have already been framed but no PW has been examined so far.

6.

I have considered rival submissions addressed before this Court. 7.

Having regard to the fact that the petitioner has been behind bars since the last about 10 months and that the conclusion of trial is likely to consume time as not even a single PW has been examined and while also bearing in mind that the parties are stated to have compromised the matter, the petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to

- 3 - the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

24.8.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No