Vijay Kumar v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.214 Date of Decision: 09th November, 2021.

Vijay Kumar

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr.Vikas Bishnoi, Advocate, for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of this petition, the petitioner seeks the relief of regular bail in the criminal case pertaining to the FIR bearing No.185 dated 01.08.2021 registered at Police Station City Phagwara, District Kapurthala, under Sections 307, 326, 324, 341, 506, 148 and 149 IPC and Sections 25 & 27 of the Arms Act, 1959, with the allegations that he as well as his co-accused caused injuries to Balbir Singh and Balwinder Singh with the weapons like kirpan, gandasi etc.

Ms. Samina Dhir, learned Deputy Advocate General, Punjab, has appeared in this case in pursuance of the notice of the present petition having been sent to the respondent-State in advance. She has submitted the custody certificate of the petitioner as well as the Injury-Chart, which have been placed on the file.

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I have heard learned counsel for the petitioner as well as learned State counsel in this petition and have also perused the file thoroughly. Learned counsel for the petitioner submits that the petitioner is behind the bars since the date of his arrest, i.e 01.08.2021 and is also not involved in any other criminal case of the similar nature and the Challan has already been presented in the Court and moreover, the seat of the injury, as attributed to him, happens to be the left hand of injured Balwinder Singh which attracts the offence under Section 326 IPC only and he contends that in these circumstances, the petitioner deserves the relief as prayed for in this petition.

Learned State counsel does not dispute the above-referred factual position.

Keeping in view the afore-discussed facts and circumstances as well as the fact that the trial of the case is likely to take sufficient time to conclude and without commenting or expressing any opinion on the merits of the case, the petitioner named Vijay Kumar is ordered to be released on regular bail subject to his furnishing the requisite personal and surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/ Duty Magistrate concerned.

The petition in hand stands allowed accordingly. 09.11.2021.

(MEENAKSHI I. MEHTA) seema JUDGE Whether speaking/reasoned?

Yes Whether Reportable?

No

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