LOVEJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition under Sec. 439 of Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.253 dtd. 2/11/2021 registered for the offences punishable under Ss. 323, 307, 34 IPC (Sec. 325 IPC deleted later on) at Police Station Sadar Ratia, District Fatehabad.

(2.) As per allegations appearing on record, on 23/10/2021, complainant Bhagwan Singh was going to take medicine and on the way, he was intercepted by 4 boys who were riding on a Platina motorcycle and started hooting on which, the complainant raised objection and then the said motorcyclists started beating the complainant and the petitioner gave danda blow on the right arm and nose of the complainant while co-accused Kuldeep Singh also gave danda blow to the complainant and co-accused Karan started giving him kick blows and then they fled away from there.

(3.) Counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is in custody for the last more than 1 year and 2 month and is having no criminal history. He further submits that there is a delay in lodging of FIR and as per the medical report dtd. 15/11/2021, one of the injuries caused by the petitioner was declared grievous in nature but the same was found to be caused with blunt weapon and as such, attracts offence under Sec. 325 IPC which is a bailable offence. He further submits that thereafter, another opinion was given after about more than 10 days of the aforesaid opinion whereby the said injury was declared dangerous to life. He further submits that the injured and his wife (eye witness) are examined and that it is a matter of evidence as to whether any offence under Sec. 307 IPC is made out against the petitioner. So, prayer is made that the petitioner be granted regular bail.