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High Court of Punjab and HaryanaCRM-M/41365/2021allowed

Manni Alias Rajesh Kumar v. State Of Punjab

2021-10-14Mr. Justice Harnaresh Singh Gill2 pages

  CRM-M-41365-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41365-2021 Date of decision: 14.10.2021 Manni @ Rajesh Kumar

...Petitioner

Versus

State of Punjab .....Respondent 

    

 

            

      

    

Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No.56 dated 05.06.2021, registered at Police Station Hajipur, District Hoshiarpur, under Sections 326, 324, 323, 341, 148 and 149 IPC.

Learned counsel for the petitioner contends that though the injury on the head of the complainant, with reverse side of datt, has been attributed to the petitioner, yet the same is simple in nature. Even as per the MLR (Annexure P-3A), it was an abrasion. Learned counsel further contends that in fact, the complainant and others had caused injuries to coaccused Manjit Singh @ Haddi, who had got recorded DDR No.25 dated 09.06.2021 against the complainant and others. It is a case of version and cross-version and it is yet to be ascertained as to which party was the aggressor one. Moreover, there is an unexplained delay of 05 days in PARVEEN KUMAR 2021.10.14 05:24 I attest to the accuracy and integrity of this document

   CRM-M-41365-2021 lodging the present FIR.

Notice of motion.

On the asking of this Court, Mr. Chaman Lal Pawar, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State. He, on instructions from ASI Parvesh Kumar, submits that during investigation, the petitioner has been found innocent.

I have heard the learned counsel for the parties. Keeping in view the facts and circumstances of the present case and without expressing any opinion on the merits of the case, this Court finds merit in this petition and the same is allowed. The petitioner is directed to join the investigation as and when called upon to do so and if he is sought to be arrested, he shall be released on anticipatory bail to the satisfaction of Investigating Officer/Arresting Officer, subject to the conditions as envisaged in Section 438(2) Cr.P.C. It is made clear that if pursuant to and in compliance with this order, the petitioner does not cooperate with the investigating agency, the investigating agency would be liberty to move an appropriate application for cancellation of bail.

    

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