CHETAN PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Prayer in this petition under Sec. 439 Cr.PC is for the grant of regular bail in case FIR No.182 dtd. 22/3/2023 under Ss. 323, 324, 506 IPC and Sec. 326 IPC added later and Sec. 379-B IPC (deleted later on) registered at Police Station Sadar Bhiwani, Tehsil and District Bhiwani.

(2.) The present FIR came to be registered at the instance of Sombir who stated that on 21/3/2023 he had gone to the fields of Sat Narayan to drop the labourers for harvesting the mustard crop. When he turned back then Chet Ram (petitioner) attacked him with a gandasi on his head which resulted in severe injuries being caused. A sum of Rs.3,50,000.00 was also snatched from him. Thereafter he was taken to the hospital where he was being treated. Legal action was sought.

(3.) The Counsel for the petitioner contends that the allegations levelled in the FIR are baseless. In fact during the investigation Sec. 379-B IPC was deleted. As the injury received by the complainant was by a blunt weapon, Sec. 326 IPC could not be attracted. The true facts are that the complainant was teasing the wife of the petitioner and tried to outrage her modesty. When she raised a hue and cry, a quarrel took place and the complainant attempted to run away from the spot on a motor cycle, lost balance and fell down thereby suffering injuries. As the petitioner was in custody since 6/4/2023 and the report under Sec. 173(2) Cr.PC stood presented, his further incarceration was not required and he was entitled to the concession of bail.