Gagandeep Singh @ Lucky And ANR v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-43085-2020 (O&M) Date of Decision:- 17.2.2021 Gagan Deep @ Lucky and another ... Petitioners

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashish Grewal, Advocate for the petitioner. Mr. Dhruv Sheoran, DAG Haryana assisted by SI Satish.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral)

1. The petitioners seek grant of regular bail in a case registered vide FIR No.76 dated 12.10.2020 under Sections 148/149/323/452/427/506 IPC at Police Station Gandhi Nagar, District Yamuna Nagar.

2. The FIR in question was lodged at the instance of Manish Kumar wherein it is alleged that on 12.10.2020 while he and other members of his family were celebrating birthday of his son Deepanshu at his home, then at about 8 p.m., 30 boys came there who were under influence of liquor and were carrying sticks and iron rods in their hands and attacked them and on account of which, he sustained injury on his head and his mother sustained injuries on her leg. It is further alleged that the assailants also damaged their motorcycles and car which were lying parked. The complainant further stated that he recognised the assailants as Gagandeep @ Lucky, Kuldeep MOHAN SINGH 2021.02.17 19:17 I attest to the accuracy and integrity of this document

CRM-M-43085-2020 (O&M) Cheema, Aman Randhawa, Vishal Jattin, Shivam Kapoor, Monu Sharma, Tantrik, Goldy and others.

3. The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the instant case and that all the offences other than offence under Section 452 IPC are bailable offences. It has further been submitted that no grievous injury was caused to any of the complainant or other members of his family and as such, the petitioners who have been behind bars since the last more than 4 months deserves the concession of bail.

4. Opposing the petition, the learned State counsel has submitted that since the petitioners are specifically named in the FIR and they also happen to be involved in three other cases, no case for grant of bail is made out.

5. I have considered rival submissions addressed before this Court.

6. Bearing in mind the fact that it is a case where simple injuries are stated to have been caused and while noticing that the petitioners have been behind bars since the last about 4 months, further detention of the petitioners will not serve any useful purpose as the conclusion of trial is likely to take some time.

7. The petition, as such, is accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

17.2.2021 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.02.17 19:17 I attest to the accuracy and integrity of this document