KAMALJEET BHOOMLA Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) The case has been taken up for hearing through videoconferencing.

(2.) Petitioner seeks grant of regular bail under Sec. 439 Cr.P.C in case bearing FIR No. 0240 dtd. 21/5/2018, registered under Ss. 302 and 34 I PC at Police Station Manimajra, District Chandigarh.

(3.) The FIR was lodged at the instance of Sukhbir Singh with the allegations that on 21/5/2018 he was returning home from his work at about 11:00 PM. Petitioner was standing with his associates near the house of the complainant. He called elder brother of the complainant namely Baldev @ Kala to havea talk with him. Elder brother of the complainant went to talk with the petitioner and his associates. Two days ago there was an altercation between the brother of the complainant on the one hand and petitioner and Gaurav @ Kalu on the other hand. In view of this, the complainant went to look after his brother with an apprehension in his mind that there may not be any untoward incident. In the meanwhile, Gaurav @ Kalu came from Gurudwara side on a motorcycle. Petitioner caught hold of the complainant by his waist. Other boys kept the brother of the complainant distracted in conversation. Gaurav @ Kalu came down from his motorcycle and exhorted others not to spare brother of the complainant in view of, altercation already taken place. Brother of the complainant was stabbed by knife in his right side of chest. On raising alarm all the assailants fled away from the spot. In the vernacular version of the FIR this fact has been specifically pleaded that "KAMAL NE MEREKO KAMAR SE PAKAD LIYA". As per prosecution case, arising out of FIR and the narration given in challan, the petitioner caught hold of the complainant by his waist and co-accused Gaurav @ Kalu inflicted stabbed injury in the chest of the brother of the complainant. Petitioner has taken an open stand that no injury has been attributed to him. The complainant while appearing as PW7 has taken a U-turn thereby alleging that the petitioner had caught hold of the deceased. The prosecution has also relied upon CCTV footages of the House No. 480/1 of the locality which would falsify the stand of the complainant that the petitioner had caught hold of the deceased, rather the petitioner helped the deceased and he went along with mother and brother of the deceased to the hospital in an ambulance from Civil Hospital, Manimajra to PGI. Complainant and one eyewitness have been examined. Now the complainant has pleaded while appearing as PW7 that the petitioner had caught hold of the deceased.