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2021 Supreme(P&H) 572

MANOJ BAJAJ
Deepak @ Dhola – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Deepak Kundu, Advocate, for the Appellant; Kanwar Sanjiv Kumar, AAG, Haryana, Mr. Rajesh Bansal, Advocate, for the Respondent

JUDGMENT

Manoj Bajaj, J. (Oral). - Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.0193 dated 21.10.2019, under Sections 323, 324 and 506 IPC (Section 326 IPC added later on), registered at Police Station Sadar, District Panipat.

2. The FIR was registered on the basis of complaint given by Sultan and the allegations as noticed by the Addl. Sessions Judge, Panipat in the order dated 23.11.2020 are as under:

"According to the complaint dated 21.10.2019 of the complainant Sultan, on 21.10.2019, he was coming towards his house from his gher. His son Vikas was also with him. At about 03:30 P.M., when they reached near the shop of Shokeen, the applicant-accused suddenly came out of the shop of Shokeen and tried to hit gandasi on his head. The complainant brought his left hand in front of gandasi and the gandasi struck on his left hand. Thereafter, the applicant-accused gave blow of gandasi on the left thigh of the complainant. The complainant shouted for help and the accused fled away while threatening to kill the complainant."

3. Learned counsel for the petitioner contends that initially the FIR was registered for the offences punishable

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