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High Court of Punjab and HaryanaCRM-M/20321/2025allowed

Yameen Alias Yameen Khan v. State Of Punjab

2025-05-23Mr. Justice Sanjiv Berry3 pages

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:- 23.05.2025 YAMEEN ALIAS YAMEEN KHAN ....Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Gazi Mohd. Umair, Advocate for the petitioner.  

    ***** SANJIV BERRY, J. (ORAL) 1.

Short reply     

 Deputy Superintendent of Police        

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2.

Arguments heard.

3.

The instant petition has been preferred by the petitioner under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 18.07.2024 115(2), 118(1), 351 (1), 351(3), 3(5) BNS;

[(117(2) and 118(2) BNS added later on] Sandaur, District Malerkotla

-2- 2), Mo 4.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He contends that no specific overt act is attributed to the petitioner and even as per the allegations, the injury alleged to have been caused by the petitioner happens to be with a blunt weapon and on the non-vital part of the body. He submits that the petitioner is not having any other criminal case and is in custody since 18.01.2025. He further submits that after the completion of investigation, challan has been presented in Court and the conclusion of trial will take sufficient long time. Thus, prays for grant of concession of bail to the petitioner.

5.

Per contra, learned State counsel while referring to the short reply filed by the State has opposed the petition on the ground that petitioner along with co-accused by forming an unlawful assembly had attacked the complainant party and caused multiple injuries to them. He submits that the petitioner does not deserve the concession of bail and prays for dismissal of the petitioner.

6.

After considering the rival contentions and perusing the record, it transpires that as per the allegations of prosecution, the petitioner had given injuries on the wrist of Sajia and on the back of Abdul Guffar. Both these injuries have been found to have been caused with a blunt weapon and not on the vital part of the body. The injury on the wrist has been declared grievous in nature. The petitioner is not having any criminal antecedents and is in custody since 18.01.2025. After the completion of investigation, challan

-3has been presented in Court and the conclusion of trial to ascertain the criminal liability, if any, of the petitioner, will take sufficient long time. In the circumstances, no purpose would be served by detaining the petitioner any longer.

7.

Consequently, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Judge on Duty/Duty Magistrate concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with evidence of prosecution in any manner. 8.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

9.

Pending miscellaneous application(s), if any, stands disposed of.

(SANJIV BERRY) JUDGE 23.05.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No