Manish v. State Of Haryana
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aforementioned FIR has been registered on the basis of written complaint filed by complainant Satyawan on 11.12.2024 submitting therein that on the same day, he along with his brother Balwan, Suraj and one Satyawan had gone to Assandh Courts to attend the hearing of a case. Sometime after he reached back home, his brother Suraj made a call on phone and informed that they were being assaulted by accused Amit, Sanjay, Sachin and 10-12 more persons who were armed with weapons. He also
2informed that his brother Balwan had sustained serious injuries. The complainant rushed to the spot and took his brother to hospital. He prayed for taking action in the matter. After registration of FIR, investigation proceedings were initiated. & "
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It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR. There is previous enmity between the members of complainant party and family of accused Sanjay and litigation is going on between them. On 13.02.2022, the complainant and his brothers had entered into the shop of Sanjay and had opened an attack upon him and caused injuries to him. A case bearing FIR No.136 dated 17.02.2022 was registered against them. The FIR of this case was a counter blast to the said FIR. The petitioner is in custody since long. He does not have any criminal antecedents. No witness has been examined so far. & 5 " #
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The trial will take considerable time to conclude. His further incarceration would not serve any useful purpose. It is, therefore, argued that he deserves to be released on bail.
34.
Status report has been filed. Learned
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The petitioner is alleged to have formed membership of an unlawful assembly and in prosecution of common object thereof is alleged to have voluntarily caused injuries to Balwan, brother of the complainant. He was not named in the FIR. He has been in custody since 15.01.2025. The trial will take time. He does not have any criminal antecedents. It is well settled proposition of law that bail is the rule and jail is an exception. Keeping in view the above discussed facts and circumstances, this Court is of the opinion that the petition deserves to be allowed. Accordingly, the same is allowed
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