Manav Alias Gopu v. State Of Punjab










 

  
  








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1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.40 dated 27.02.2024, under Sections 323, 341, 506, 148, 149 of the IPC (Sections 353, 186, 157, 212 of the IPC added subsequently), registered at P.S. Kotwali, Patiala.

2. What emerges from the record, is that, the present FIR derives its origin from the statement of one Akshay Kumar son of Roshan Lal (hereinafter referred to as the 'complainant'), wherein he alleged that, in a road rage, the petitioner along with his co-accused inflicted various injuries to him and his companions. One of the injuries, as suffered by the complainant, was declared as "grievous in nature".

3. The learned counsel for the petitioner submits that though the petitioner has been nominated as one of the assailants in the FIR,




however, no specific injury has been attributed therein to him. In fact, the present FIR is the outcome of concoction and concealment, inasmuch as, the complainant has concealed the factum of injury, i.e. incised wound L shaped 10 cm x 3.5 cms on right forearm, becoming suffered by the petitioner himself. To substantiate this argument, he has drawn attention of this Court towards Annexure P-2, wherein becomes enclosed MLR of the petitioner.

4. Notice of motion for 13.05.2024.

5. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

6. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C. , #  )  -  !%)  %! &   & (# -.

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