Krishan vs State of Haryana

Prayer in this petition is for grant of regular bail in case FIR No.288

dated 19.07.2017 registered under Sections 148 / 149 / 323 / 324 / 326 / 341 / 379-B / 506

IPC (Section 25 of Arms Act was added later on) at Police Station Chandhut,

District Palwal.

Learned counsel for the petitioner submits that the co-accused of the

petitioner - Rajesh has been granted concession of anticipatory bail by this Court

vide order dated 28.09.2017. It is further submitted that the petitioner is in judicial

custody since 20.08.2017 and the investigation is complete and the challan has

been presented. It is further submitted that there are about 22 witnesses cited in

the list of witnesses attached to the report under Section 173 Cr.PC.

Learned State counsel on instructions from ASI Abhay Pal submits

that injury under Section 326 IPC is attributed to the petitioner and the injured

Ashok has sustained grievous injury.

In reply, learned counsel for the petitioner submits that the petitioner

will deposit an amount of Rs.50,000/- before the trial Court by way of demand

draft in favour of the injured - Ashok.

Without commenting on the merits of the case and considering the

facts that the petitioner is in custody since 20.08.2017; the fact that the

investigation is complete and the challan has been presented and the fact that 22

witnesses are cited by the prosecution, the present petition is allowed. The

petitioner - Krishan is directed to be released on bail subject to furnishing his

bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate, Palwal.

The bail will be subject to the payment of an amount of Rs.50,000/- by way of

demand draft in favour of the injured Ashok at the time of furnishing bail/surety

bonds, which will be handed over to the injured Ashok without prejudice to his

rights of leading evidence before the trial Court.

The present petition stands disposed of.