VIJAY Vs. STATE OF U.T

JUDGEMENT

(1.) The Court has been convened through video conferencing due to Covid-19 pandemic.

(2.) Petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in case FIR No.127, dated 24.05.2020 registered under Sections 452, 506, 307, 34, 188 of the IPC at Police Station IT Park, Chandigarh.

(3.) Counsel for the petitioner has argued that the sole allegation against the petitioner is of hitting the complainant with a baseball bat on his head. He has referred to the MLR, Annexure P-4 to submit that the injury allegedly inflicted upon the complainant has been found to be grievous in nature. His argument is that in this view of the matter, offence under Section 307 IPC is not attracted. He further submits that the MLR of the complainant shows that the injured/complainant was under the influence of liquor at the time of the alleged incident. Counsel has placed reliance upon the orders dated 20.07.2020, passed in CRM-M-17215-2020, Abhimanyu @ Manni Vs. State of U.T., Chandigarh, Annexure P-2, and CRM-M-17189-2020, Naveen Vs. State of U.T., Chandigarh, Annexure P-3, respectively, whereby co-accused have been granted regular bail by this Court. He submits that though the challan has been filed but the trial is not progressing due to outbreak of Corona Virus (Covid-19). By referring to Annexures P-6 to P-8, he submits that the petitioner has been acquitted in three FIRs and the other two cases which are stated to be pending against him as per the custody certificate, are DDRs under Sections 107/151 Cr.P.C.