Veeru Alias Veeru Raj v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision : 23.10.2024 VEERU ALIAS VEERU RAJ .....Petitioner

Versus

STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Sukhmeet Singh, Advocate for the petitioner.

Mr. Randhir Singh Thind, DAG, Punjab.

**** KIRTI SINGH, J.(Oral) Apprehending arrest the petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case bearing FIR No.77 dated 11.05.2024 under Sections 323, 452, 148, 149 and 506 of IPC (Sections 325 and 308 IPC added later on), registered at Police Station City South, District Moga. Succinct factual narrative relevant for the disposal of the instant petition is that the complainant recorded his statement with the police, stating that on 06.05.2024, at around 11:30 PM, while he was sleeping in his house, he heard some noise in the street, after which he went outside with his uncle, where they saw Prince; Sameer; Veeru (Petitioner); Chahat, all residents of Indira Colony, Moga; and Shiva, who were armed with swords and khandas, attacking his cousin Vansh. The complainant and his uncle raised an alarm, causing the accused to flee the scene with their weapons. Vansh was then taken to Civil Hospital, Moga, and later he was referred to DMC Ludhiana due to the severity of his injuries. Later,

the complainant's brother informed him that the the same assailants had trespassed into their house again and abused and threatened the women who were present at the house.

3.

Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in this case with no specific role or overt act attributed to him in the alleged assault. It is also argued that no specific injury has been attributed to the petitioner, and no offence under Section 452 IPC is made out, as the alleged incident took place in the street. He further submits that there is an unexplained delay in the registration of the FIR. 4.

The learned State counsel, referring to the status report dated 30.09.2024, submits that the petitioner-Veeru played a significant role in the assault. He was armed with an iron rod and delivered one blow to the back of injured-Vansh Bohat's head and another blow to his leg. The injury to the back of the victim's head has been declared dangerous to life by the doctor. He further submits that serious allegations have been levelled against accused/petitioner for causing injuries on the person of the injured, who is still admitted in Hospital including the fact that the iron rod used in the crime is yet to be recovered, the petitioner is not entitled to the concession of anticipatory bail. Additionally, the petitioner is a habitual offender, with following four other cases already registered against him.

Sr. No.

FIR No./Date Police Station Offence 113/26.09.2019 City South Moga 325 IPC 5/16.01.2021 City South Moga NDPS Act 163/2021 City South Moga 22 NDPS Act 30/29.01.2023 City South Moga 323/341/427/148/149 IPC

5.

Heard the rival submissions made by learned counsel for the parties and perused the record.

6.

There are serious allegations levelled against the petitioner. Multiple injuries have been inflicted on the person of the injured and there are specific allegations against the petitioner establishing his involvement in the offence. Accordingly, to unearth the true dimension of the alleged crime, this Court does not deem it appropriate to interfere in the matter so as to grant the concession of anticipatory bail to the petitioner at this stage. 7.

Accordingly, this petition is dismissed.

(KIRTI SINGH) 23.10.2024 JUDGE Kavita Whether speaking/reasoned? Yes/No Whether reportable? Yes/No