PARVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.110 dtd. 20/11/2019 at Police Station Anandpur Sahib, District Rupnagar under Ss. 302, 307, 120-B, 506, 148 and 149 of Indian Penal Code.

(2.) The FIR was lodged at the instance of Talvinder Singh, wherein it is alleged that on 19/11/2019 at about 9 PM, when he along with his brother Sukhvinder Singh, Harjit Singh and Amritpal Singh were proceeding on foot towards their home, then one Innova vehicle came from the opposite side, which was being driven by Neeraj Kumar @ Gaggu and wherein Neeraj Kumar's brother Parvinder Kumar @ Honey (petitioner) was sitting on the front passenger seat and while Jagjit and unknown boy were sitting on the rear seat and the same dashed into them with an intention to kill them. While the complainant Sukhvinder Singh and Harjit Singh fell on the side, Amritpal Singh got stuck under the vehicle and was dragged upto a long distance and who ultimately succumbed to his injuries in PGIMER, Chandigarh.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that it is highly unlikely that the complainant would have been in a position to recognize the occupants of vehicle during night time when the complainant and others would have infact been blinded by the headlights of the Innova vehicle, which is alleged to have come from the opposite side. Learned counsel has further submitted that, in any case, even if the allegations as levelled in the FIR are taken to be correct, it would at best be a case against the co-accused Neeraj Kumar @ Gaggu, who is alleged to be driving the Innova vehicle and that the other occupants of the vehicle cannot be held responsible in any manner and cannot be said to have any mens rea for commission of the alleged offence. It has further been submitted that, in any case, since identically situated co-accused i.e. other occupants of the car namely Manish Kumar and Ravi Kumar have already been granted bail by this Court, the petitioner also deserves the same concession on grounds of parity.