The court considered the completion of the investigation, lack of specific injury attributed to the petitioner, and the likely duration of the trial in granting regular bail.

JUDGMENT

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

2. This is a petition under Section 439 of Cr.P.C. seeking regular bail in FIR No. 27, dated 18th February, 2021, under Sections 307, 323, 324, 325, 341 read with 34 IPC registered at Police Station City Nakodar, Jalandhar.

3. The FIR was at the instance of Vishal. As per the allegations in the FIR, on 13th February, 2021 when the complainant reached near Sewa Kender, Mohalla Gaus, three persons with muffled faces were sitting on a Thari. One of the accused caught hold of the complainant and the other gave a gandasi and khanda blow. Injuries were inflicted on the left ear, little finger of the right hand and first finger of the left hand. The third person who was empty handed pushed him, resultantly, he fell down. Later on, on 18th February, 2021 a supplementary statement was recorded. As per the said statement, Aman and Aju were armed with gandasi and khanda respectively. Ajay Kumar (petitioner) was empty handed.

4. Learned counsel for the petitioner submits that petitioner is in custody since 17th May, 2021, the investigation is complete. No recovery is to be made. The petitioner has not been attributed any specific injury.

5. Learned State counsel opposes the prayer for grant of regular bail. She, on instructions from ASI Paramjit Singh, submits that petitioner is involved in another FIR under Section 323 IPC.

6. The FIR was against the un-known persons. As per the supplementary statement, petitioner was empty handed. The injuries are attributed to other co-accused. The investigation is complete, challan stands presented, no useful purpose would be served by keeping the petitioner behind the bars. The conclusion of trial is likely to take time. The petitioner is granted bail. The bail would be subject to furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.

7. The petition is allowed.

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