Sandeep vs State of Haryana

The above detailed two regular bail applications under

Section 439 Cr.P.C. by petitioners Sandeep and Yogesh Kumar having

arisen out of the same very FIR bearing No.155 dated 08.08.2016

registered at Police Station Mullana, District Ambala under Sections

307 / 323 / 341 / 34 IPC, are being taken up together for disposal for the sake

of brevity.

The precise allegations of prosecution stems from the

statement of Suresh Kumar wherein he stated that on 08.08.2016 around

2.30 p.m. while he was going on motorcycle he was accosted by three

motorcyclists who were riding on one motor bike and at that point of time

his brother Bihari Lal (injured) too arrived and one of the accused

Sandeep caught hold of him and accused Yogesh Kumar took out a knife

and assaulted Bihari Lal giving injuries on his left arm as well as chest

hitting on the left side and the complainant too was given kick and fist

blows leading to registration of the present case.

Learned counsel for the petitioners Mr. R.K. Saini and

Mr.Rahul Vats, Advocates submit that petitioner Sandeep is in custody

since 09.08.2016 and petitioner Yogesh Kumar is in custody since

08.08.2016 and that the trial is not likely to conclude in near future and

have sought grant of bail.

The same is sought to be opposed vehemently on behalf of

the State by Mr. Munish Sharma, Asstt. Advocate General, Haryana on

the grounds that the very acts of the assailants whereby they have given

two stab wounds, one after another, are in itself reflective of their

intention and if allowed bail they would influence the witnesses and thus

sought dismissal of bail.

Appreciating the submissions, the medico-legal report of

injured Bihari Lal reflects that he has received 4 injuries, one on the left

side upper abdomen near heart, another on the dorsal aspect on right hand

and an abrasion on the left hip joint and multiple abrasions on the left

knee, which injuries No.1 and 2 have been caused by sharp edged

weapon whereas rest by blunt weapon. A close perusal of the medical

record subsequently placed before this Court reflects that the stab wound

is going deep inside the peritoneum affecting internal organs and thus,

evidently it is by providence the victim has escaped from death. The mere

contentions that petitioners are behind bars since long time is no

extenuating circumstance for grant of relief. Keeping in view the nature

of injuries and the role assigned to each of the accused, no case for grant

of bail is made out. Finding no merit, the present petition is hereby

dismissed.