Aman Chhajgariya @ Gama vs State

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record.

The petitioners have been arrested in FIR No.289/2020 of Police Station Sadar, Sri Ganganagar for the offences punishable under Sections 307, 452,

323, 324, 325, 326, 341, 147, 148, 149 IPC and Sections 3/25, 27 Arms Act. They have preferred these bail applications under Section 439 Cr.P.C.

Learned counsels for the petitioners have pointed out that the principal accused in the present case are Jashn and Rajvinder, who were both carrying

pistols and are attributed with firing the same and causing gunshot injuries. Learned counsels for the petitioners have thereafter, submitted that Billa

was carrying the sharp edged weapon, and thus, he has caused the other grievous injuries, which are incised wounds. They have also submitted that

no specific aggravated role has been attributed to the present petitioners. The best recovery from the present petitioners is that of lathis.

Learned Public Prosecutor though opposes the bail applications but admits the factual matrix that the firing of gunshot is attributed to Jashn and

Rajvinder and the incised wound injuries are attributed to Billa. Learned Public Prosecutor has also confirmed the fact that out of the 09 injuries on the

body of Harkewal Singh, 1 to 5 were incised wounds and out of which, 4th injury was grievous in nature whereas none of the present petitioners have

been attributed with the role of causing the incised wounds.

Learned counsels for the petitioners have also pointed that the complainant himself is a history-sheeter.

The petitioners are not principal accused as mentioned above and neither have been attributed with the gunshot injuries nor incised wounds or any

other grievous injury.

Thus, 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 petitioners under

Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Aman Chhajgariya @ Gama S/o

Nikka Lal, (2) Neeraj @ Hanuman S/o Raju Dhanak, (3) Sahil @ Panga S/o Pyara Dhariwal Chhajgariya, (4) Khushdeep Singh @ Khushi S/o

Ghukar Singh, (5) Mohit Bhatia S/o Shri Amit Bhatia, (6) Gagandeep @ Gaggi S/o Shri Manga Singh and (7) Bablu Ram S/o Patwari Ram Bhat shall

be released on bail in connection with FIR No.289/2020 of Police Station Sadar, Sri Ganganagar provided each of them execute 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 their appearance before that

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