HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is a first petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.140 dated 31.10.2020 under Sections 323, 324, 341, 506, 427, 379-B(2), 326, 148, 149 of the Indian Penal Code, 1860 registered at Police Station Qila Lal Singh, District Gurdaspur, Punjab.

(3.) Learned counsel for the petitioner would contend that there is a delay of 07 days in lodging the FIR. The alleged incident is of 24.10.2020 while the FIR was lodged on 31.10.2020. The learned counsel has further contended that the only explanation given for the delay in lodging of the FIR is that though the injured was declared fit for making statement by the Doctor he stated that he would get his statement recorded only after receiving the X-ray report, which casts a doubt on the story put forth by the complainant. The learned counsel for the petitioner would further contend that the injury though attributed to him attracts Section 326 IPC, however, the same is on the finger and the co-accused, who has been attributed injury No.4, has since been granted bail.