(1.) This application under Section 439 of the Code of Criminal Procedure has been filed by the accused -petitioner (hereinafter referred to as the accused) for his release on bail in case FIR No. 292/2004, dated 25.12.2004, under Sections 307, 342, 506, 34, 212, IPC, Section 182 of Motor Vehicles Act and Section 27 of Arms Act, registered at Police Station, Dhali.
(2.) Allegations against the accused are that on 25.12.2004 at about 11 a.m. when Inder Singh alongwith Sanju, Pankaj, Bablu and Surinder was sitting in his vehicle No. HP -02A -3072 at Taxi Union, Sanjauli, the accused alongwith his co -accused Surender came there in a Maruti Van. Co -accused Surender asked Inder Singh to have some discussion with him in the matter of beating of his brother by the accused and other persons and for compromising the matter. Inder Singh, however, refused to settle the matter as desired by Surinder. On this, the accused and co -accused Surinder started beating Inder Singh with fist blows causing injury over his left eye. In the meanwhile, co -accused Surinder asked the accused to bring sword from the vehicle in which they had reached on the spot and the accused complied with started giving sword blows to Inder Singh thereby causing injuries to him. In the meanwhile, a few persons came on the spot and the accused alongwith his co -accused bolted away from the spot. After about 10 minutes they came back to the spot and forcibly put Inder Singh in their vehicle and confined him therein alongwith one Surinder @ Dandu and took them to Malyana where another co -accused Dalip administered beatings to the confined persons and also threatened them to be killed. Thereafter, Inder Singh and Surinder were taken in the same vehicle to a clinic where injured were forcibly made to get the treatment and thereafter they were taken back in the vehicle and left off at Sanjauli Chowk. The matter was reported to the police on the basis of which the aforesaid FIR came into being. The investigation in the matter is complete and a charge -sheet has already been submitted against the accused persons. The accused and his co -accused are presently in judicial custody. The present application has been moved by the accused on the grounds that the accused is not in any manner involved in the attack on Inder Singh, i.e. the complainant and has been falsely booked in the case and is in custody for the last more than two months and is trying to reform himself. It is also claimed that there is none to look after his aged parents, one of whom is under medical treatment.
(3.) I have heard the learned Counsel for the accused and the learned Deputy Advocate General for the respondent -State and have also gone through the police report and the investigation records.