Gagan Masih v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26331-2024 Date of Decision: May 29, 2024 GAGAN MASIH ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Ms. Gurpreet Kaur, Advocate for the petitioner. Mr. Siddharth Sandhu, AAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No. 16 dated 20.01.2024 registered under Sections 379 B(2), 380, 452, 323, 506, 427, 148 and 149 of IPC (Sections 324 and 326 of IPC were added later on) at Police Station Ajnala District Amritsar Rural, wherein, the petitioner has been implicated being part of a mob having entered the house of the complainant and vandalized the same besides, giving injuries to his father and other family members. 2.

The prayer made herein has been opposed at the instance of learned State counsel while referring to the serious allegations levelled in the FIR and the manner in which the offence has been committed.

3.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.

4.

In the present case, the investigation already stands concluded with the filing of challan. The petitioner is in custody for the SIMRANDEEP KAUR 2024.06.03 16:39 I attest to the accuracy and integrity of this order/judgment.

CRM-M-26331-2024 -2past more than four months and is not involved in any other case besides the trial is likely to take some time. Moreover, no specific injury has been attributed to the petitioner and the co-accused namely Akashdeep Singh@ Akash and Tejbir Singh have already been granted concession of regular bail by this Court vide order dated 10.05.2024 passed in CRM-M-22772-2024, as such, this Court does not find justification to extend his incarceration any further. 5.

In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 29.05.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No SIMRANDEEP KAUR 2024.06.03 16:39 I attest to the accuracy and integrity of this order/judgment.