SAURABH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer is for grant for regular bail to the petitioner in case having FIR No.208 dtd. 15/4/2021 registered under Ss. 148, 149, 323, 324, 307 IPC and Sec. 506 IPC added later on, Police Station Gharaunda, District Karnal.

(2.) The counsel for the petitioner has inter-alia contended that the petitioner has been falsely implicated in the present case and is behind the bars for last more than 1 year and 8 months and the material witnesses namely injured Kapil and Gaurav stand examined and the only allegations against the petitioner are that at the time of occurrence he caught hold of Kapil while one Ankush gave knife blows to said Kapil. The counsel for the petitioner further submits that no injury attracting provisions of Sec. 307 IPC is attributed to the petitioner and it will take considerable time for the trial to conclude. So prayer is made that the present petitioner be granted regular bail.

(3.) The present petition is resisted by the State counsel who on instructions from ASI Naveen submits that as per the facts narrated in the FIR, petitioner and co-accused Amandeep caught hold of Kapil while co-accused Ankush gave knife blows to said Kapil and the injuries attributed to Ankush on the person of Kapil are covered under Sec. 307 IPC. The State counsel further submits that after the occurrence co-accused Ankush handed over the aforesaid knife to co-accused Amandeep, who got recovered the same. The State counsel has not disputed the fact that the petitioner is in custody for the last more than 1 year and 8 months and is having no criminal history and that during trial material witnesses namely Kapil and Gaurav are examined and no incriminating article was recovered from the possession of present petitioner during the investigation of this case.