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High Court of Punjab and HaryanaCRM-M/24852/2022dismissed

Ankit Alias Kala v. State Of Haryana

2022-09-27Mr. Justice Anoop Chitkara2 pages

CRM-M-24852-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24852-2022

Reserved on: 31.08.2022

Pronounced on: 27.09.2022 Ankit @ Kala

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vivek Suri, Advocate for the petitioner.

Mr. Manish Bansal, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 04.12.2021 Asaudha, District Jhajjar 323, 307, 120-B IPC read with Section 25/27/54/59 of Arms Act.

1.

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail.

2.

The petitioner has not disclosed criminal antecedents; however, the representing counsel states on instructions that the accused has no criminal antecedents. 3.

The petitioner fired two shots at the complainant's cousin; however, the aim missed the target.

4.

Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 5.

Ld. counsel representing the State opposes bail. REASONING:

6.

After the first shot missed the target, the petitioner fired second shot which shows his intention to kill. An analysis of the allegations and evidence collected does not warrant the grant of bail to the petitioner. JYOTI 2022.09.30 23:45 I attest to the accuracy and integrity of this document

CRM-M-24852-2022 7.

In the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail at this stage. However, it shall be open for the petitioners to file new bail application on the grounds of prolonged custody. The dismissal of this petition shall not come in the way while considering the fresh petition(s).

8. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 27.09.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.09.30 23:45 I attest to the accuracy and integrity of this document