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High Court of Punjab and HaryanaCRM-M/62399/2024dismissed

Sonu Kumar v. State Of Punjab

2024-12-12Mr. Justice Sandeep Moudgil4 pages

          

  

  

 

 

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 9 'Statement of Ajay Kumar son of Late Sh. Chaman Lal resident of H.No.53, Near Kala Singha, Haibowal Kalan, Ludhiana, aged about 47 years, M.No.78378%098980. Stated that I am resident of above mentioned address. On 02.10.2024 at about 12.30 AM, I along with my friends Harsh, Shiv Kumar, Sandeep Kumar had gathered near Rose Garden to celebrate the birthday of my friend Chetan Malhotra, then Vijay alias Monu resident of Haibowal, Sonu resident of Haibowal, Ludhiana, Ashok Kumar alias Shaunki resident of Sangam Chowk, Tarun resident of

Jalandhar, Rohit Bains alias Jaggi resident of Dhobi Ghat, Near K.V.M. School, Ludhiana, Suraj Chauhan, Ravi Sahota resident of Chander Nagar, Ludhiana, Neeraj Chauhan resident of Haibowal, Ludhiana along with 08%10 unidentified boys, who came on their respective vehicles, which also included Sonu brother of aforesaid Vijay, who were armed with sharp edged weapons like Dattar, swords, baseball, Khandas and started attacking my aforesaid friends Harsh, Shiv Kumar and Sandeep Kumar. Sandeep was given Dat blow into his head, my friends Harsh and Shiv Kumar were attacked on their heads with swords. When I came forward to rescue them, then they gave a Dat blow into my head.

The gold chain weighing 02 Tollas in my neck and 02 phone belonging to me and my friend Chetan Malhotra, first one is make Samsung, color grey and second one is make Oppo, color black have been snatched. The first phone contained 02 SIMs bearing No.78888%49349, 78378% 98980 and second phone also contained 02 SIMs bearing No. 9888896889, 9877495593 are operating. After beating us, the opposite party fled away from the spot after giving life threats to us. Due to suffering of multiple injuries by us, I along with friends reached Civil Hospital, Ludhiana, where we got treatment and got issued MLR's No.1411 MN/24, MLR 1414 MN/24, MLR 1413 MN/24, MLR 1412 ΜΝ/24. Νοw I along with my friends Harsh, Shiv Kumar, Sandeep Kumar were coming to you to give information. You met, take action. Statement got recorded to you, heard, which is correct.

Sd/% Ajay Kumar.'

   

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"3. Grant of bail though being a discretionary order - but, however, calls for exercise of such a discretion in a judicious manner and not as a matter of course. Order for bail bereft of any cogent reason cannot be sustained. Needless to record, however, that the grant of bail is dependent upon the contextual facts of the matter being dealt with by the court and facts, however, do always vary from case to case. While placement of the accused in the society, though may be considered but that by itself cannot be a guiding factor in the matter of grant of bail and the same should and ought always to be coupled with other circumstances warranting the grant of bail. The nature of the offence is one of the basic considerations for the grant of bail - more heinous is the crime, the greater is the chance of rejection of the bail, though, however, dependent on the factual matrix of the matter."

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  #%  12.12.2024 anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No