SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 439 of Cr.P.C. is for grant of bail pending trial in case FIR No.134 dtd. 21/6/2018 under Ss. 323, 148, 149, 341 of IPC and Ss. 307, 120-B added later on, registered at Police Station Rama Mandi, District Jalandhar.

(2.) Learned counsel for the petitioner contends that the case against the petitioner is totally concocted. The name of the petitioner is not mentioned in the FIR. It is further submitted that the petitioner has never been known by the named Khanna. Otherwise also, there is delay of 3 days in lodging the FIR. This time has been utilized by the complainant to falsely involve the petitioner in this case. Although, the allegation against the petitioner is that he caused injuries on the head of the complainant; with kirpan, however, the police has not been able to recover any kirpan from the petitioner. Otherwise also, the very fact that the complainant got treatment in private hospital; instead of government hospital, shows his intention to create the record. It is further contended that the injuries attributed to the petitioner are not declared dangerous to life. The petitioner is in custody since 3/10/2018 and there is no other case against him. Challan has already been filed. The trial shall take long time.

(3.) On the other hand, learned State counsel submits that the petitioner was part of a group which caused as many as 18 injuries to the complainant. However, it is not denied that nothing has been recovered from the petitioner. It is also not disputed that there is no other case against the petitioner.