Sandeep Kumar vs State of Haryana

S.S. Saron, J.—Heard counsel for the parties.

The petitioner seeks regular bail in a case registered against him on 30.8.2009 for the offences under Sections 323, 324, 506/34 IPC and Section 326 IPC which was added later.

The FIR in the case in respect of the incident that occurred on 28.9.2009 at 4 p.m. has been registered on the statement of Rajinder Kumar @ Goldi. It is alleged by the complainant that he was sitting in his shop. At the back of the shop, Amit Tanwar @ Guddu was having a shop of mineral water in Malki Complex. One driver named Ram Kumar resident of Dab Khera came at his shop and said that Amit Tanwar was calling him at his shop. When the complainant went to the shop of Amit Tanwar, one Sandeep Bagri (petitioner) and Samir Khan who is residing with Labh Singh Rajput at village Lukhi and Balwinder @ Binder were present with Amit Kumar. Samir Khan caught hold of the complainant and Sandeep Bagri who was holding a knife in his hand, inflicted a knife blow in his stomach. Then Amit Kumar, Balwinder and Samir Khan kicked him and the complainant started shouting - Bachao Bachao. Then Ram Kumar driver, driver of the complainant, Vijay @ Shishpal and Surinder and many other drivers rescued him. Due to the said injury, blood was oozing out.

Learned Counsel for the petitioner has submitted that the injury attributed to the petitioner is not grievous in nature and it has been declared grievous on an opinion given by a private doctor. It is submitted that no opinion was expressed by the doctor of LNJP Hospital, Kurukshetra.

Learned Counsel for the State on the last date of hearing had submitted a list of 5 cases which are mentioned in the order dated 23.2.2010, in which the petitioner is involved. It is submitted that the petitioner has been acquitted in two of the cases mentioned at Sr. Nos. 3 and 4.

After giving my thoughtful consideration to the matter, it may be noticed that the petitioner, besides this case, is also involved in the following cases:

FIR 564 dated 3.11.2009 under Sections 25, 54, 59 of the Arms Act of PS City Tanesar.

FIR 1 dated 1.1.2008 under Sections 364-A, 212, 120B IPC and u/s 25 of the Arms Act of PS Naraingarh.

FIR 88 dated 2.6.2005 under Sections 302, 307, 148, 149 IPC of PS Narwana (Jind); and

FIR 66 dated 16.5.2002 under Sections 323, 342, 506, 148 and 149 IPC of PS Pita Khera (Jind)

The petitioner has been acquitted in the cases mentioned at Sr Nos. 3 and 4.

According to learned Counsel for the petitioner, the petitioner has been acquitted in another case also. However, he is not having any particular of that case.

The petitioner is attributed a knife blow in the abdomen of the complainant. Besides, his involvement in the other cases shows his propensity towards crime.

In the facts and circumstances of the case, no ground is made out for the grant of bail.

This petition is accordingly dismissed.