SHIVA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in FIR No. 147 dated 11.05.2020, under Sections 323, 325, 452, 506 read with Section 34 IPC (deleted) and Section 307 IPC (added later on), registered at Police Station Kherki Daula, District Gurugram.

(2.) Learned counsel for the petitioner argues that the complainant is the father of the petitioner and the allegations are of inflicting injuries by the petitioner is upon his own mother. Learned counsel for the petitioner submits that the complainant as well as mother of the petitioner had given an affidavit that the petitioner had not inflicted injuries and the mother suffered injuries on her own as she fell down on a wet floor while washing utensils. Learned counsel further submits that the challan has already been presented and the charges have also been framed and, therefore, keeping in view the affidavit of the complainant as well as the mother, who allegedly received injuries at the hands of the petitioner, no useful purpose will be served in keeping the petitioner behind the bars.

(3.) Learned State counsel submits that the challan was presented after due enquiry and even the charges have been framed and injured is yet to be examined and, therefore, the petitioner be not granted the benefit of bail. She further plead ignorance about the affidavit, which the complainant and the victim has submitted, copy of which has been attached alongwith the present petition.