High CourtsSingle Bench

Raj Kapoor vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 January 2021 · Citation: (2021) 01 P&H CK 0164

HON’BLE JUDGES
Avneesh Jhingan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 324, 326, 341, 506
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1184 Of 2021
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Judgment

17 paragraphs · 324 words

Avneesh Jhingan, J

1.

The matter is taken up for hearing through video conference due to COVID-19 situation.

2.

This is a petition for grant of bail in FIR No.818, dated 29. 10.2020 under Sections 323, 324, 341, 506, 34 (Section 324 deleted and Section 326

added later on) of the Indian Penal Code, 1860, registered at Police Station Sadar, Karnal.

3.

The FIR was at the instance of Chander Shekar @ Chander. It was stated that on 26.10.2020 at around 8:30 P.M. when he was returning from

Red Rock Gym, Karnal, on the way Raja and Sachin stopped him and snatched his phone and left the spot threatening to kill. The complainant called

his brother in law-Shubham and told about the incident, who along with the complainant came to Anand Vihar. When Shubham and complainant were

talking to each other, Raja and Raju @ Raj Kapoor (petitioner) along with Sachin came and attacked them. Raju gave brick blow on the chest of the

complainant and Sachin gave kick blow to Shubham.

4.

Mr. Vijay Pratap, learned counsel for the petitioner submits that petitioner is in custody since 18.11.2020; no recovery is to be made and the injury

attributed to the petitioner is simple in nature.

5.

Mr. Deepak Bhardwaj, Deputy Advocate General, Haryana, on instructions from HC Jitender, submits that challan has yet not been presented. It is

further submitted that the accused came together and inflicted injuries to the complainant.

6.

Considering the fact that injury attributed to the petitioner is simple in nature; petitioner is not involved in any other case; no recovery is to be made

and conclusion of the trial is likely to take time, the petitioner is granted bail subject to furnishing bail bonds to the satisfaction of the Chief Judicial

Magistrate/Duty Magistrate concerned.

7.

It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.