ANKUSH @ KALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner, Ankush @ Kali, son of Mohan Lal, resident of House No. 737, Basant Nagar, Jagadhri, District Yamunanagar, who has been booked for having committed the offences punishable under Sections 148, 307, 323, 325, 427 read with Section 149, IPC, and Section 25 of the Arms Act, in a case arising out of FIR No. 440, dated 23.9.2012, registered at Police Station, City, Yamuna Nagar.

(2.) Learned counsel contends that even if the whole case of the prosecution is taken at its face value, then also the mischief of Section 307, IPC, is not attracted because simple injury has been attributed to the petitioner. He further submits that the applicability of Section 34/149, IPC, would be a moot point during the course of trial. He further submits that the petitioner is a student and behind the bars from 26.9.2012. He also submits that the investigation of the case is complete and the charge-sheet (report under Section 173, Cr.P.C., has been submitted. Therefore, further custodial incarceration of the petitioner is not required. He also contends that due to a road rage, the alleged occurrence had taken place. There was no intention on the part of the petitioner to cause the injury.

(3.) Learned counsel for the State though opposed the grant of bail to the petitioner, but could not controvert the submissions made by the learned counsel for the petitioner.