Abhishek Alias Rocky v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

Date of Decision:- 08.04.2025



  
 ....Petitioner(s)

Versus

     

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Krishan M. Vohra, Advocate for the petitioner. Mr. Surender Singh, A.A.G. Haryana.

***** SANJIV BERRY, J. (ORAL)
  



          



  

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%&'%   The instant petition has been preferred by the petitioner under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 10.11.2023 323, 324, 506 and 34 IPC Sector 14, Panchkula no. 2), Mo

-22.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is in custody since 23.01.2024 and has no criminal antecedents. He further submits that after the completion of investigation, challan has been presented in Court and the conclusion of trial will take sufficient long time. Thus prays for grant of concession of bail to the petitioner.

3.

Per contra, learned State counsel while referring to the reply filed by the State has opposed the petition on the ground that the petitioner had given knife blows to the complainant and the injuries caused in the incident were declared dangerous to life. Thus, submits that the petitioner does not deserve the concession of bail and prays for dismissal of the petition.

4.

Heard learned counsel for the parties and perused the record. 5.

After considering the rival contentions and perusing the record, the case of the prosecution is that on 09.11.2023, the complainant was sitting in the tavern of Section 15 Panchkula and at about 04:30 PM, when the complainant went to the counter to pay bill, three boys came and started an argument with the complainant. Upon which, the three boys became furious and started giving beating to the complainant. Thereafter, one of the boys, who was wearing red colour T-shirt, took out of knife and attacked the complainant and gave several knife blows on the chest, abdomen, and left arm of the complainant. Thereafter, the assailants ran away from the spot and the injured was shifted to the hospital.

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During the course of investigation, the MLR of the complainant was received and as per the same, the injuries No.1, 2 and 3 sustained by the complainant were declared dangerous to life, which has been attributed to the petitioner. The knife used in the commission of offence has been recovered from the possession of the petitioner. Moreover, the petitioner is clearly seen attacking the complainant with knife in the CCTV footage. 7.

In these circumstances, considering the serious nature and gravity of offence involved, the petitioner is not entitled to the concession of bail at this stage. Accordingly, the present petition is dismissed. 8.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

(SANJIV BERRY) JUDGE 08.04.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No