High Court of Punjab and HaryanaCRM-M/49433/2024allowed

Karam Deen v. State Of Punjab

2024-11-04Mrs. Justice Manisha Batra5 pages

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)-)./ 0*+12 seeking benefit of anticipatory bail in case of arising out of FIR No. 81 dated 11.06.2024 registered under Sections 452, 324, 323, 506, 120-B, 148 and 149 of IPC with offences under Sections 307, 326 and 201

of IPC having added later on, at Police Station Dinanagar, District Gurdaspur.

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Status reports have been filed by respondent-State in both the petitions. It is argued by learned State counsel assisted by learned counsel for the complainant that there are serious and specific allegations against the petitioners who hatched a conspiracy with the co-accused and on whose instigation the co-accused had assaulted the victim and had caused simple as well as grievous injuries to him with an intent to kill him. Specific motive

has been attributed to the petitioners by the complainant at the time of recording FIR. Custodial interrogation of the petitioners is must for conducting thorough investigation in the matter by the police. Therefore, it is urged that the petitions do not deserve to be allowed. 5.

I have heard learned counsel for the parties at considerable length and have gone through the record carefully. 6.

The petitioners are alleged to have hatched a conspiracy with the co-accused to make an attempt to kill the complainant and his family members and in pursuance of that criminal conspiracy the co-accused are alleged to have formed membership of an unlawful assembly and in prosecution of common object of that unlawful assembly, they are alleged to have criminally trespassed into the house of the complainant and to have voluntarily caused simple as well as grievous injuries to him. There is delay of four days in reporting the matter to the police. The petitioners were admittedly not present at the spot at the time of occurrence. It is a matter of trial as to whether they had hatched conspiracy with the actual assailants/coaccused to cause injuries to the complainant and to make an attempt to kill him. Keeping in view the nature of the allegations as levelled against the petitioners, the part attributed to them and the above discussed facts and circumstances !

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