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Judgment
N.S.Shekhawat, J
The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.99 dated 02.11.2024 registered under Sections 110, 331(1), 115(2), 126(2), 190, 191(2), 351(3) and 324(6) of BNS, 2023 (Sections 190 and 126(2) of BNS added later on and Section 192 of BNS deleted later on), at Police Station Cheema, District Sangrur.
Learned counsel for the petitioner contends that as per the allegations levelled by the complainant, the petitioner was carrying an iron rod and gave a blow with the same on the head of the son of the complainant. He further contends that the injured in the present case has already been discharged from the hospital and is hale and hearty. The petitioner was arrested in the present case on 11.12.2024 and is in custody for the last about 05 months. By referring to the orders (Annexures P-2 and P-3), learned counsel submits that Major Singh, Kewal Singh and Makhan Singh have already been granted the concession of bail by this Court.
On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. However, he admits that the petitioner was never involved in any other criminal case.
I have heard the learned counsel for the parties and perused the record.
It is not in dispute that other three co-accused, namely, Major Singh, Kewal Singh and Makhan Singh have already been granted the concession of bail by this Court, vide orders (Annexures P-2 and P-3). The petitioner is stated to be in custody for the last about 05 months. However, out of total 25 witnesses, no witness has been examined so far. Thus, the conclusion of the trial may take quite a long time and further custody of the petitioner will not serve any meaningful purpose.
Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.