Satinder Kumar v. State Of Haryana

-1201/2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 09.12.2024 Satinder Kumar ...... Petitioner

Versus

State of Haryana ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. H.S.Deol, Advocate for the petitioner.

Ms. Trishanjli Sharma, DAG, Haryana.

Mr. Keshav Pratap Singh, Advocate for the complainant.

**** Manjari Nehru Kaul, J.

Status report by way of an affidavit of DSP, Radaur filed on behalf of respondent-State in Court today, is taken on record subject to all just exceptions.

Main case The present petition has been filed under Section 438 Cr.P.C./482 of BNS, for grant of anticipatory bail to the petitioner in case FIR No.144 dated 22.06.2024 under Sections 148, 149, 323, 324, 325, 341 IPC (Sections 307, 427 and 506 IPC added later on) registered at Police Station Jathalana, District Yamuna Nagar. 2.

On the last date of hearing i.e. on 14.08.2024, while noticing the following submissions made by the learned counsel for the

-2petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation: "Learned Learned Senior counsel appearing on behalf of the petitioner inter alia submits it is a case of version and cross version. The FIR was registered on the statement of Prithvi Vijay against the petitioner and 8 other persons. As per allegations, they had caused injuries to complainant, Partap, Animesh, Bhanu, Yashpal Singh. In the FIR, allegation against the petitioner is that he was armed with knife and he had given injury on the right hand index finger and right hand middle finger of Partap, injured. Injuries are simple in nature. Injury on the head of Yashpal is with blunt weapon, on the basis of which, Section 307 IPC was added later on. Same is not attributed to the petitioner.

It is further submitted that cross-case was registered vide FIR No.145 dated 22.06.2024 at the instance of Suraj Chauhan on the allegations that Partap (armed with knife), Animesh (armed with gandasi), Parladh, Yashpal, Prithvi Vijay, Barkha Ram, Sanjeev, Karan (all armed with wooden sticks) in connivance with each other gave serious injuries with their respective weapons to Nirmal Singh @ Sudama on his head, right forearm and he has also suffered a fracture of right foot. Besides Nirmal Singh, one Raj Kumar and Suraj (brother of complainant in case FIR No. 145) have also suffered injuries. Injury to Suraj is with a knife on his left eye-brow, which has been attributed to Partap. The case has been registered under Sections 324,427,506,148,149 IPC Police Station Jathlana, District Yamuna Nagar.

-3granted concession of interim bail by this Court in CRMM36492-2024 on 08.08.2024." 3.

Learned counsel for the petitioner submits that in compliance of order dated 14.08.2024, petitioner has joined the investigation and cooperated with the investigating officer. 4.

Learned State counsel assisted by counsel for the complainant, on instructions, has not disputed the submission made by learned counsel for the petitioner. It has also not been disputed by the learned State counsel that it is a case of version and cross-version wherein both the sides received injuries at the hands of each other. Learned State counsel has further submitted that the petitioner is not required for custodial interrogation.

5.

Learned counsel for the complainant while reiterating the allegations levelled in the FIR in question has opposed the prayer made by counsel for the petitioner. He submits that the petitioner has been specifically named and attributed a role in the FIR in question. 6.

In view of the above, present petition is allowed and interim order dated 14.08.2024 is made absolute subject to the conditions as envisaged in Section 438(2) Cr.PC/482(2) of BNS. (MANJARI NEHRU KAUL) 09.12.2024 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No