Bhanu Partap v. State Of Haryana

CRM-M No. 42312 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 42312 of 2020 Date of Decision: 21.12.2020 Bhanu Partap ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Lalit Kumar Yadav, Advocate for the petitioner.

Mr. Apoorv Garg, DAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 128 dated 09.8.2020 under Sections 148, 149, 323, 324, 452, 506 IPC and later on added Sections 307 IPC and Section 25 of the Arms Act, 1959 registered at Police Station Kalka, District Pandhkula.

Learned counsel for the petitioner submits the prosecution case is totally false as the complainant has entangled the petitioner in the present case to settle the score despite the fact that the petitioner has not committed any crime. Rather, there is no previous enmity between the petitioner and the complainant. He further submits that as per the recording in the CCTV camera, installed in the entrance of a neighbour's house, the petitioner was not present at the scene of occurrence and that the petitioner has been involved in the present case because Som Nath, father of the complainant, is GURPREET SINGH 2020.12.22 17:01 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 42312 of 2020 -2a Municipal Councilor and under his pressure, the present FIR has been registered.

On the other hand, learned State counsel submits that the petitioner is the main accused in the present case to whom the injury under Section 307 IPC is attributed. He further submits that the petitioner has given knife blows to three of the injured and the knife has also been recovered. Learned State counsel has also pointed out that the learned Additional Sessions Judge, while dismissing the application of the petitioner has drawn a conclusion that the investigating officer had approached Dr. Sanjay Kumar, who had medico-legally examined the petitioner vide MLR dated 09.8.2020 to verify the nature of injuries suffered by the petitioner and it has been opined that possibility of self inflicting of injuries by use of friendly hands, cannot be ruled out. I have heard the learned counsel for the parties.

In the present case, there are specific allegations against the petitioner that he inflicted injuries to three persons with knife. Moreover, the injury inflicted by the petitioner to Rajat in his lower back, has been declared dangerous to life. Considering the nature of injuries caused by the petitioner as well as seriousness of allegations, no ground for grant of regular bail to the petitioner is made out.

The petition is dismissed.

(HARNARESH SINGH GILL) JUDGE December 21, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.12.22 17:01 I attest to the accuracy and integrity of this document Chadigarh