Abhishek @ Abhi @ Mama And Ors vs State And Ors

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

In S.B. Criminal Miscellaneous Bail Application No. 250/2021

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No. 289/2020 of Police Station Sadar Sri Ganganagar, Sri Ganganagar for the offences

punishable under Sections 307, 452, 323, 341, 14, 148, 149 of IPC and Section 27 of the Arms Act, 2019. He has preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioner submits that that the main allegation of causing gunshot injury is upon Jashn and Rajvinder.

The other grievous injury has been attributed to Billa.

Learned counsel for the petitioner further submits that the petitioner's name is not there in the FIR and no aggravating role has been pointed out to

him.

Learned Public Prosecutor opposes the bail application but is not in a position to refute that the co-accused Aman Chhajgariya @ Gam has been

granted bail by this court in S.B. Criminal Misc. Bail Application no.13571/2020 on 24.11.2020 on the same footing.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time

and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Abhishek @ Abhi @ Mama S/o Veera

Dhariwal shall be released on bail in connection with FIR No.289/2020 of Police Station Sadar Sri Ganganagar, Sri Ganganagar provided he executes

a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his

appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

In S.B. Criminal Miscellaneous Bail Application No. 92/2021

Learned counsel for the petitioner does not want to press this criminal misc. bail application, but seeks liberty for the petitioner to surrender before trial

court and also seeks direction to the trial court that if the petitioner files a regular bail application before it, the same may be decided expeditiously.

Accordingly, this criminal misc. bail application preferred by the petitioner under Section 438 Cr.P.C. is dismissed as not pressed, however, the

petitioner may surrender before the trial court and may move a regular bail application. If such bail application is moved on his behalf, it is expected

that the trial court will decide the same expeditiously strictly in accordance with law.