Baljinder Singh @ Biru vs State Of Punjab

FIR NO.

DATE

POLICE STATION

OFFENCES

19

26.01.2021

Dehlon, District Ludhiana

341, 326, 506, 148, 149, 427 IPC (Section 307 IPC added later on)

Gurvinder Singh Gill, J

The petitioner seeks grant of regular bail in a case arising out of above mentioned FIR.

The FIR was lodged at the instance of injured complainant Manpreet Singh wherein he alleged that on 24.1.2021 when he was irrigating his fields, then he was inflicted injuries by the accused who had came on 4-5 motorcycles.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that the falsity would be evident from the fact that when the injured complainant stepped into the witness box, he did not support the case of prosecution at all and was declared hostile.

Opposing the petition, learned State counsel has submitted that since the names of all the accused are specifically mentioned in the FIR itself, it is apparently a case where the petitioner has been able to win over the witness or has threatened him to make a statement in his favour. Learned State counsel has however, informed that the petitioner as on date has been behind bars since the last about 2 years, 2 months and 17 days and is not involved in any other case. Learned State counsel has not disputed the fact that the complainant-Manpreet Singh did not support the case of prosecution when he stepped into the witness box.

This Court has considered the rival submissions.

Having regard to the aforestated position wherein the petitioner has been behind bars for a substantial period of more than 2 years and 2 months and the complainant has not supported the case of prosecution, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.