Ankush v. State Of Ut Chandigarh

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : November 07, 2019 Ankush ....Petitioner versus State of UT, Chandigarh ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Vibhor Bansal, Advocate, for the petitioner Mr. Lalit K. Gupta, Addl. PP, UT Chandigarh with ASI Ashok Kumar Fateh Deep Singh, J. (Oral) The allegations against petitioner Ankush in this second regular bail application under Section 439 Cr.P.C., the first being dismissed as withdrawn vide orders dated 2.8.2018. Allegations have come about from the complainant elder sister of a minor girl alleging that the petitioner often used to harass the complainant and her younger sister and on one such occasion had caught hold of the hand of the younger sister of the complainant and threatened her that in case she will disclose to some body, he will throw acid on her face. It is thereafter when the complainant and her mother went to

-2lodge complaint with the family of the petitioner, a confrontation took place between the two sides whereby it is alleged that Sangeeta coaccused mother of the petitioner had given a knife blow on the hand of the mother of the complainant and all the accused tried to kill them. The allegations are further to the effect that the petitioner and his friends are drug addicts and often threatened the complainant side. On 3.6.

2017, it is alleged that the accused along with his coaccused non-applicants had broken windowpanes of the house of the complainant and when they went out, 150 boys had surrounded their house and dragged brother of the complainant and gave him beatings and when one of the sister rushed to save her brother he too along with her mother were given beatings to the complainant and in the process has touched the breast of the younger sister of the complainant and dragged them leading to the registration of the present case in which the petitioner was arrested on 2.8.2017. Mr.

-3case.

Mr. Lalit K. Gupta, Addl. PP, UT Chandigarh assisted by ASI Ashok Kumar have opposed the grant of bail on the grounds of seriousness of the allegations and the fact that the trial is almost over.

Going through the submissions as is reflected from the two FIRs Annexure P/1 and P/2, apparently there is a case of allegations and counter-allegations by the two sides wherein their families appear to be involved in this ugly episode. The petitioner is behind the bars since a long time. Culpability, if any, shall be determined at the trial. Accordingly, the petitioner is ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Chandigarh.

The present petition stands disposed off accordingly. The observations made herein above shall have no bearing on the merits of the case as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) November 07, 2019 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No