Yogesh @ Rahul v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- October 27, 2017 Yogesh alias Rahul

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Munish Behl, Advocate for the petitioner. Mr. Gaurav Bansal, Assistant Advocate General, Haryana *** This petition for regular bail has been filed by petitioner Yogesh alias Rahul, an accused in F.I.R. No. 140 dated 18.6.2017 for offence under Sections 323,324/34 IPC with Section 326 IPC added later on registered with Police Station Mullana, District Ambala. Briefly stated the facts of the case as per the prosecution story are that F.I.R. in this case was registered on the basis of statement of complainant Pardeep Kumar son of Ram Nath, resident of village Mullana aged about 32 years, a motor mechanic who had contested the election of Panch in 2016 and lost the same, whereas his neighbourer Rahul who had also contested that election had emerged as a winner. Rahul had been keeping a grudge against him since then. According to the complainant, on 16.6.2017 at about 5.45 P.M., when he was going on his motorcycle and had reached in front of house of Rahul, then Rahul at once brought his

motorcycle in front of his motorcycle and an verbal altercation ensued. Rahul caught him from neck and in the meanwhile younger brother of Rahul came there and he hit the complainant on head with a 'Danda'. Complainant fell down. Rahul brought sword from his house and attacked the complainant from there with hitting him on left eyebrow. In the meanwhile, Golu, friend of Rahul came there and hit the complainant with some iron material on chest. Danda blow was given on his left leg. The complainant raised alarm which attracted his wife Meenakshi who intervened and rescued the complainant from their clutches. Complainant-injured was taken to hospital, where he was medico legally examined. Formal F.I.R. was registered. The matter was investigated. Petitioner-accused was arrested on 30.6.2017.

After completion of investigation, challan against the accused had been filed ini the Court of JMIC, Ambala and presently trial is going on. Petitioner had approached the Courts below for grant of regular bail but such plea was rejected as such he has knocked the door of this Court for similar relief by filing the present petition. Notice of which was given to the State.

I have heard learned counsel for the petitioner, learned State counsel besides going through the record.

Without going into the merits of the case, it is observed that petitioner is behind bars for more than four months. The trial is likely to take some time. Other co-accused of the petitioner are stated to be on bail. I find that it would be in fitness of things if the present petition is allowed. The petitioner is ordered to be released on bail on furnishing bail bond and surety bond to the satisfaction of the learned trial Court/CJM/Duty

Magistrate, Ambala subject to the following conditions : - (i) He shall appear in the Court on each and every date of hearing.

(ii) He shall not give any threat or intimidation to the prosecution witnesses.

(iii) He shall not leave India without prior permission of the Court.

In addition to that the trial Court may impose any term and condition found suitable to ensure that the petitioner does not abscond and interfere in the trial.

In case the petitioner violates any term and condition on which the bail has been granted to him, the prosecution would be entitled to apply for cancellation of bail.

(H.S. MADAAN) JUDGE October 27, 2017 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No